Clair

MEMORANDUM

Petitioner Kenneth Clair appeals the district court’s denial of his petition for habeas corpus. In addition to other claims, he contends that the district court abused its discretion by denying without investigation his June 2005 request that the court replace his appointed counsel with new counsel.

As a federal habeas petitioner in a capital case, Clair has a statutory right to counsel. See 18 U.S.C. § 3599 (a)(2). “Congress’ provision of a right to counsel under [ 18 U.S.C. § 3599 ] reflects a determination that quality legal representation is necessary in capital habeas corpus proceedings in light of the seriousness of the possible penalty and ... the unique and complex nature of the litigation.” McFarland v. Scott, 512 U.S. 849, 855 , 114 S.Ct. 2568 , 129 L.Ed.2d 666 (1994) (internal quotations and citation omitted). This “right to counsel necessarily includes a right for that counsel meaningfully to research and present a defendant’s habeas claims.” Id. at 858 , 114 S.Ct. 2568 .

Section 3599 provides that counsel may be changed upon a defendant’s motion, but does not provide a standard under which such a motion should be adjudicated. See 18 U.S.C. § 3599 (e).…