Opinion
Case No. 2:11-cv-01571-JAD-GWF
12-20-2013
KENNETH COUNTS, Petitioner, v. DWIGHT NEVEN, et al., Respondents.
ORDER
Petitioner has submitted an ex parte motion for appointment of counsel (Dkt. #13) and a motion to appoint counsel (Dkt. #14). Whenever the court determines that the interests of justice so require, counsel may be appointed to any financially eligible person who is seeking habeas corpus relief. 18 U.S.C. § 3006A(a)(2)(B). "[T]he district court must evaluate the likelihood of success on the merits as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved." Weygandt v. Look, 718 F.2d 952 (9th Cir. 1983). There is no constitutional right to counsel in federal habeas proceedings. McCleskey v. Zant, 499 U.S. 467, 495 (1991). The factors to consider are not separate from the underlying claims, but are intrinsically enmeshed with them. Weygandt, 718 F.2d at 954. After reviewing the petition, the court finds that appointment of counsel is not warranted.
Respondents have submitted a motion for enlargement of time (first request) (Dkt. #15), which the court grants.
IT IS THEREFORE ORDERED that petitioner's ex parte motion for appointment of counsel (Dkt. #13) is DENIED.
IT IS FURTHER ORDERED that petitioner's motion to appoint counsel (Dkt. #14) is DENIED.
IT IS FURTHER ORDERED that respondents' motion for enlargement of time (first request) (Dkt. #15) is GRANTED. Respondents shall have through January 22, 2014, to file and serve an answer or other response to the petition for a writ of habeas corpus.
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JENNIFER A. DORSEY
United States District Judge