Opinion
No. CIV 12-303-RAW-KEW
10-10-2012
JULIUS JEROME WALKER, Petitioner, v. JUSTIN JONES, Respondent.
OPINION AND ORDER
DENYING MOTION FOR APPOINTMENT OF COUNSEL
Petitioner has filed a motion requesting the court to appoint counsel. He bears the burden of convincing the court that his claim has sufficient merit to warrant appointment of counsel. 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 petitioner's claim, 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, 887-88 (7th Cir. 1981)). After considering petitioner'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 W illiams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991); See also Ruck s v. Bo ergermann, 57 F.3d 978, 979 (10th Cir. 1995)
ACCORDINGLY, petitioner's motion [Docket #12] is DENIED.
IT IS SO ORDERED this 10 day of October 2012.
___________________
RONALD A. WHITE
UNITED STATES DISTRICT JUDGE