Valinken

(HC) Lin v. Valinken

Caution
United States District Court, Eastern District of CaliforniaJanuary 8, 20201:19-cv-01806California419 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

WEI LIN, Case No. 1:19-cv-01806-EPG-HC

Petitioner, ORDER DENYING PETITIONER’S

MOTION FOR APPOINTMENT OF

v. COUNSEL

RICHARD VALINKEN, et al., (ECF No. 3) Respondents.

15 Petitioner Wei Lin is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On December 30, 2019, the Court received the instant motion for appointment of counsel. (ECF No. 3). 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…

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