(HC) Martinez Obando v. United States Department of Homeland Security

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

BISMARCK ALFREDO MARTINEZ Case No. 1:24-cv-01328-SAB-HC

OBANDO,

ORDER DENYING PETITIONER’S Petitioner, MOTION TO APPOINT COUNSEL 13 v. (ECF No. 6)

UNITED STATES DEPARTMENT OF

HOMELAND SECURITY,

Respondent.

17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has moved for appointment of counsel. (ECF No. 5.) There currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958). However, the Criminal Justice Act authorizes the appointment of counsel at any stage of the proceeding for financially eligible persons if “the interests of justice so require.” 18 U.S.C. § 3006A(a)(2)(B). To determine whether to appoint counsel, the “court must evaluate the likelihood of success on the merits as well as the ability of…