(HC) Frank v. Warden, USP Atwater

Good Law
United States District Court, Eastern District of CaliforniaAugust 4, 20211:21-cv-00568California547 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMY LEE FRANK, Case No. 1:21-cv-00568-HBK Petitioner, ORDER DENYING PETITIONER’S MOTION

FOR APPOINTMENT OF COUNSEL

v. (Doc. No. 25) WARDEN, USP ATWATER, Respondent. 16 Petitioner Jimmy Lee Frank, a federal prisoner proceeding pro se, has pending a petition for writ of habeas corpus under 28 U.S.C. § 2241. (Doc. No. 1). Petitioner moves for the appointment of counsel for a second time. (Doc. No. 25). Petitioner requests the court to appoint counsel to represent him because he has limited access to the law library and jailhouse lawyers, and he believes the issues in his case are complex. (Id. at 1). On July 26, 2021, Petitioner previously moved for the appointment of counsel. (Doc. No. 20). The Court denied this motion. (Doc. No. 23). Petitioner’s current motion is nearly identical motion and provides no changed circumstances to warrant appointment of counsel. As previously noted, there is no automatic, constitutional…

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