Kibler

(HC) Bradley v. Kibler

Good Law
United States District Court, Eastern District of CaliforniaAugust 24, 20222:22-cv-00197California368 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE E. BRADLEY, No. 2:22-cv-0197 KJM DB P Petitioner, v. ORDER BRIAN KIBLER, Respondent. 16 Petitioner has requested the appointment of counsel. Petitioner argues that appointment of counsel is required where the issues are too complex for the petitioner. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A(a)(2) authorizes the appointment of counsel at any stage of a habeas case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. Complexity of the issues is just one factor to consider in determining whether the interests of justice require appointment of counsel. 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…

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