Koch v. Thomas et al

Filing 35

ORDER denying 34 Petitioner's Motion to Appoint Counsel; this matter is CLOSED; no Certificate of Appealability will be issued; signed by Judge Ronald B. Leighton.(DN) Modified on 1/7/2020 (DN). (cc to petitioner)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL W KOCH,
Petitioner,

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v.

CASE NO. C14-5046RBL
ORDER

J THOMAS,

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Respondent.

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THIS MATTER is before the Court on Petitioner Michael Koch’s Motion for Court-

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Appointed Counsel to represent him in this 28 U.S.C. § 2255 habeas action. [Dkt. # 34].
In exceptional circumstances, the court may ask an attorney to represent any person

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unable to afford counsel under 28 U.S.C. § 1915(e)(1). Franklin v. Murphy, 745 F.2d 1221,

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1236 (9th Cir. 1984). To find exceptional circumstances, the court must evaluate the likelihood

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of success on the merits and the ability of the petitioner to articulate the claims pro se in light of

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the complexity of the legal issues involved. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir.

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1983).

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ORDER - 1

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Koch has not shown any sort of exception circumstances in support of his Motion for

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Court-Appointed Counsel. The Court has already denied [Dkt. # 33] Koch’s untimely and

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unpersuasive Rule 60 “fraud on the court” Motion [Dkt. # 29] seeking to vacate his 2005 murder

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conviction. The Motion to appoint counsel is DENIED. The Matter is CLOSED.

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Koch has failed to make “a substantial showing of a denial of a constitutional right, and
the Court will not issue a Certificate of Appealability.

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IT IS SO ORDERED.

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Dated this 7th day of January, 2020.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2