Martin v. Flynn

Filing 13

ORDER denying 7 Motion to Appoint Counsel signed by Judge David W. Christel.(MET) cc: petitioner

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 SHERYL J MARTIN, 11 Petitioner, 12 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. 13 CASE NO. 3:15-CV-05766-BHS-DWC DAVID FLYNN, 14 Respondent. 15 16 The District Court has referred this action filed under 28 U.S.C. § 2254 to United States 17 Magistrate Judge David W. Christel. Currently pending in this action is Petitioner’s Motion for 18 Appointment of Counsel. Dkt. 7. 19 There is no right appointed counsel in cases brought under 28 U.S.C. § 2254 unless an 20 evidentiary hearing is required or such appointment is “necessary for the effective utilization of 21 discovery procedures.” See McCleskey v. Zant, 499 U.S. 467, 495 (1991); United States v. 22 Duarte-Higareda, 68 F.3d 369, 370 (9th Cir. 1995); United States v. Angelone, 894 F.2d 1129, 23 1130 (9th Cir. 1990); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983); Rules Governing 24 Section 2254 Cases in the United States District Courts 6(a) and 8(c). The Court may appoint ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL - 1 1 counsel “at any stage of the case if the interest of justice so require.” Weygandt, 718 F.2d at 754. 2 In deciding whether to appoint counsel, the Court “must evaluate the likelihood of success on 3 the merits as well as the ability of the petitioner to articulate [her] claims pro se in light of the 4 complexity of the legal issues involved.” Id. 5 Here, the Court directed service of the Petition and the time for filing an answer has not 6 run. See Dkt. 9. As an answer has not been filed, the Court does not find good cause for granting 7 leave to conduct discovery and has not determined an evidentiary hearing will be required. See 8 Rules Governing Section 2254 Cases in the United States District Courts 6(a) and 8(c). 9 Furthermore, Petitioner effectively articulated her grounds for relief raised in the Petition, the 10 grounds are not factually or legally complex, and it is difficult to determine the likelihood of 11 success on the merits without an answer and the state court record. See Dkt. 6. Thus, Petitioner 12 has not shown the interest of justice requires the Court to appoint counsel at this stage in the 13 case. 14 15 16 As Petitioner has not shown appointment of counsel is appropriate at this time, the Motion for the Appointment of Counsel is denied without prejudice. Dated this 5th day of January, 2016. A 17 18 David W. Christel United States Magistrate Judge 19 20 21 22 23 24 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL - 2

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