Arviza
(HC) Drister v. Arviza
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
LEONARD O. DRISTER, Case No. 1:23-cv-01109-EPG-HC
Petitioner, ORDER DENYING PETITIONER’S
MOTION FOR APPOINTMENT OF
v. COUNSEL
M. ARVIZA, (ECF No. 6) Respondent.
15 Petitioner Leonard O. Drister is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On August 3, 2023, the Court received the instant motion for appointment of counsel. (ECF No. 6.) 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…