Robinson v. Frakes

Filing 13

ORDER denying 6 Motion to Appoint Counsel signed by Magistrate Judge Karen L Strombom.(MET) cc: Petitioner

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GREGORY S. ROBINSON,

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Petitioner,
v.

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ORDER DENYING MOTION FOR THE
APPOINTMENT OF COUNSEL

SCOTT FRAKES,
Respondent.

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No. C11-5302 RJB/KLS

This 28 U.S.C. § 2254 petition has been assigned to United States Magistrate Judge
Karen L. Strombom pursuant to 28 U.S. C. § 636(b)(1) and Local MJR 3 and 4. Petitioner has
filed a motion for the appointment of counsel. ECF No. 6. Petitioner requests the appointment

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of counsel because his case involved two trials and it is a complex case involving numerous
constitutional questions. Id.
There is no right to have counsel appointed in cases brought under 28 U.S.C. § 2254

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unless an evidentiary hearing is required, because the action is civil, not criminal, in nature. See

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Terravona v. Kincheloe, 852 F.2d 424, 429 (9th Cir. 1988); Brown v. Vasquez, 952 F.2d 1164,

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1168 (9th Cir. 1992); and Rule 8(c) of the Rules Governing Section 2254 Cases in the United

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States District Courts.
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ORDER DENYING MOTION FOR COUNSEL - 1

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An evidentiary hearing has not been granted in this case and the claims in the petition are

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adequately set forth and articulated. The court has not yet determined that an evidentiary hearing

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is necessary. Therefore, Petitioner’s request for counsel shall be denied at this time.

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Accordingly, it is ORDERED:

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(1)

Petitioner’s motion for counsel (ECF No. 6) is DENIED.

(2)

The Clerk is directed to send copies of this Order to Petitioner.

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DATED this

9th day of May, 2011.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER DENYING MOTION FOR COUNSEL - 2