(HC) Battle v. David Holbrook

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ARTHUR J.M. BATTLE, III, Case No. 2:20-cv-01851-JDP (HC) Petitioner, ORDER DENYING PETITIONER’S MOTION

FOR APPOINTMENT OF COUNSEL

v. ECF No. 13 THE PEOPLE OF THE STATE OF

CALIFORNIA,

14 Respondent.

16 Petitioner is a state prisoner proceeding without counsel on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has filed a motion requesting the appointment of counsel. ECF No. 13. A petitioner in a habeas proceeding does not have an absolute right to appointment of counsel. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, the court is authorized to appoint counsel at any stage of the case “if the interests of justice so require.” See See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); 18 U.S.C. § 3006A(a)(2)(B). In assessing whether to appoint counsel, the court evaluates the petitioner’s likelihood of success on the merits and his ability to articulate his claims, considering the complexity of the legal…