Curry v. Attorney General's Office of the State of Washington et al
Filing
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ORDER denying 8 Motion to Appoint Counsel, signed by Magistrate Judge J Richard Creatura.(CMG)(cc mailed to Plaintiff)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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WILLIAM CURRY, JR.,
Petitioner,
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CASE NO. 3:17-CV-05314-RBL-JRC
ORDER DENYING MOTION TO
APPOINT COUNSEL
v.
WILLIAM VAN HOOK,
Respondent.
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Before the Court is petitioner’s motion for appointment of counsel. Dkt. 8. He filed an
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amended petition for a writ of habeas corpus challenging his civil commitment as a sexually
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violent predator. Dkt. 6. He alleges violations of his Fourth, Fifth, Sixth, Eighth, and Fourteenth
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Amendment rights. Id. Under a separate order, the Court directed service of the petition. Dkt. 7.
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Respondents filed a response on August 16, 2017. Dkt. 12.
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There is no right to appointed counsel in cases brought under 28 U.S.C. § 2254 unless an
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evidentiary hearing is required or such appointment is necessary for the effective utilization of
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discovery procedures. See McCleskey v. Zant, 499 U.S. 467, 495 (1991); United States v.
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Duarte-Higareda, 68 F.3d 369, 370 (9th Cir. 1995); United States v. Angelone, 894 F.2d 1129,
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ORDER DENYING MOTION TO APPOINT COUNSEL
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1130 (9th Cir. 1990); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983); Rules Governing
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Section 2254 Cases in the United States District Courts 6(a) and 8(c). The Court may appoint
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counsel “at any stage of the case if the interest of justice so requires.” Weygandt, 718 F.2d at 954
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(quoting Rules Governing Section 2254 Cases in the United States District Courts 8(c)). In
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deciding whether to appoint counsel, the Court “must evaluate the likelihood of success on the
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merits as well as the ability of the petitioner to articulate his claims pro se in light of the
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complexity of the legal issues involved.” Id.
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Here, the Court directed service of the petition and the time for filing an answer has not
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run. See Dkt. 5. As the response has only recently been filed, the Court has not yet found good
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cause for granting leave to conduct discovery and has not determined an evidentiary hearing will
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be required. See Rules Governing Section 2254 Cases in the United States District Courts 6(a)
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and 8(c). Furthermore, despite any legal complexities, petitioner has effectively articulated his
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grounds for relief raised in the petition. Petitioner has not shown the interest of justice otherwise
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require the Court to appoint counsel at this stage.
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Accordingly, petitioner’s motion for the appointment of counsel (Dkt. 8) is denied
without prejudice.
Dated this 16th day of August, 2017.
A
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J. Richard Creatura
United States Magistrate Judge
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ORDER DENYING MOTION TO APPOINT COUNSEL
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