Rouse v. Sinclair

Filing 17

ORDER denying 15 Motion to Appoint Counsel signed by Magistrate Judge J Richard Creatura.(MET) cc: Petitioner

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 ABDUR RAHID KHALIF AKA CALVIN ROUSE, 11 Petitioner, 12 v. 13 CASE NO. C11-5943-RBL-JRC ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL STEPHEN SINCLAIR, 14 Respondent. 15 16 17 18 19 20 21 22 23 24 This petition for a writ of habeas corpus is filed pursuant to 28 U.S.C. § 2254. The petition has been referred to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b) (1) (A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner asks the Court to appoint counsel based on his affidavit in support of in forma pauperis status (ECF No. 15). A motion to dismiss the petition as time barred is pending. (ECF No. 14). 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. Brown v. Vasquez, 952 F.2d 1164, 1168 (9th Cir. 1991) (citing McCleskey v. Zant, 499 U.S. 467, 495 (1991)); see Ortiz v. Stewart, 149 F.3d 923, 939 (9th Cir. 1998); see also Terrovona v. ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL - 1 1 Kincheloe, 852 F.2d 424, 429 (9th Cir. 1988); and Rule 8(c) of the Rules Governing Section 2 2254 Cases in the United States District Courts. The motion is DENIED. 3 Dated this 29th day of February, 2012. A 4 5 J. Richard Creatura United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?