(HC)Singh

Gurpartap Singh v. Warden of the Golden State Annex, et al.

Good Law
United States District Court, Eastern District of CaliforniaDecember 3, 20251:25-cv-01689California398 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GURPARTAP SINGH, Case No. 1:25-cv-01689-KES-EPG-HC

Petitioner, ORDER REGARDING APPOINTMENT OF

COUNSEL

v.

WARDEN OF THE GOLDEN STATE ORDER DIRECTING CLERK OF COURT ANNEX, et al., TO SERVE DOCUMENTS 15 Respondents. 16 Petitioner, an immigration detainee who is representing himself, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. 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, 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the proceeding for financially eligible persons if “the interests of justice so require.” To determine whether to appoint counsel, the “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.”…

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