Rouse v. Sinclair

Filing 17

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

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ABDUR RAHID KHALIF AKA CALVIN
ROUSE,

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Petitioner,
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v.
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CASE NO. C11-5943-RBL-JRC
ORDER DENYING PETITIONER’S
MOTION FOR APPOINTMENT OF
COUNSEL

STEPHEN SINCLAIR,
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Respondent.
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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.
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Dated this 29th day of February, 2012.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER DENYING PETITIONER’S MOTION FOR
APPOINTMENT OF COUNSEL - 2