Opinion
23-CV-045-JFH-GLJ
01-26-2024
DARVIN W. GRAY, Petitioner, v. CARRIE BRIDGES, Respondent.
OPINION AND ORDER
JOHN F. HEIL, III, UNITED STATES DISTRICT JUDGE.
Petitioner Darvin W. Gray (“Gray”) filed a motion requesting the Court to appoint counsel. Dkt. No. 12. He bears the burden of convincing the Court that his claims have sufficient merit to warrant such appointment. McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985) (citing United States v. Masters, 484 F.2d 1251, 1253 (10th Cir. 1973)). The Court has carefully reviewed the merits of Gray's claims, the nature of factual issues raised in his allegations, and his ability to investigate crucial facts. McCarthy, 753 F.2d at 838 (citing Maclin v. Freake, 650 F.2d 885, 88788 (7th Cir. 1981)). After considering Gray's ability to present his claims and the complexity of the legal issues raised by the claims, the Court finds that appointment of counsel is not warranted. See Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991); see also Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995).
Therefore, Gray's motion for appointment of counsel [Dkt. No. 12] is DENIED.