Calhoun v. State of Washington

Filing 6

ORDER Denying Petitioner's motions for appointment of counsel re 1 and 5 Proposed Document(s) by Judge J Richard Creatura. (JLP)(copy mailed to plaintiff)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 1 This 28 U.S.C. § 2254 petition has been assigned to the undersigned Magistrate Judge. Petitioner has filed two motions for appointment of counsel. (Dkt. #1 and 5).
There is no right to have counsel appointed in cases brought under 28 U.S.C. § 2254 unless an evidentiary hearing is required, because the action is civil, not criminal, in nature. See Terravona v. Kincheloe, 852 F.2d 424, 429 (9th Cir. 1988); Brown v. Vasquez, 952 F.2d 1164, 1168 (9th Cir. 1992); and Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts. An evidentiary hearing has not been granted in this case. Further, the claims in the petition are adequately set forth and articulated. Petitioner's motions for appointment of counsel, (Dkt. # 1 and 5), are therefore DENIED. The clerk is directed to send copies of this order to petitioner.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ABDUL-KAHLIF CALHOUN, Petitioner, v. STATE OF WASHINGTON, Respondent. Case No. C09-5211RJB-JRC ORDER

DATED this 14th day of May, 2009.

A
J. Richard Creatura United States Magistrate Judge