Burrus v. Jackson

Opinion

1 2 3 4

5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 CASE NO. 2:23-cv-01968-BHS-GJL 11 Petitioner, v. ORDER GRANTING EXTENSION 12 AND REFERRING CASE FOR ROBERT JACKSON, REVIEW 13 Respondent. 14

15 This federal habeas action filed pursuant to 28 U.S.C. § 2254 has been referred to United 16 States Magistrate Judge Grady J. Leupold. Before the Court is Petitioner Christopher Sean 17 Burrus’s Motion to Appoint Counsel (Dkt. 25) and his Motion for Extension of Time to respond 18 to Respondent’s Answer (Dkt. 27). For good cause shown, Petitioner’s Motion for an Extension 19 is GRANTED. However, the Court DEFERS decision on his Motion to Appoint Counsel until 20 after the Office of the Federal Public Defender has conducted a review of this case. 21 While there is no constitutional right to appointment of counsel in actions brought under 22 § 2254, the Court may exercise its discretion to appoint counsel for a financially eligible 23 individual where the “interests of justice so require.” 18 U.S.C. § 3006; see also Weygardt v. 24 1 Look, 718 F.2d 952 (9th Cir. 1983). It appears that appointment of counsel may be warranted in 2 this case, but the Court has insufficient information at present to determine whether the interests 3 of justice, in fact, require such an appointment and whether Petitioner is financially eligible. 4 Accordingly, the Court ORDERS the following:

5 (1) This matter is REFERRED to the Office of the Federal Public Defender for review. Not later than September 24, 2024, the Office of the Federal 6 Public Defender shall ADVISE the Court whether it intends to seek appointment in this matter. 7 a. If the Office of the Federal Public Defender advises that it WILL 8 seek appointment in this matter, it shall ASSIST Petitioner in preparing an amended motion for appointment of counsel and a 9 financial affidavit to aid the Court in determining whether Petitioner is financially eligible for such an appointment not later than 10 October 1, 2024.

11 b. If the Office of the Federal Public Defender advises that it WILL NOT seek appointment in this matter, Petitioner shall SUBMIT a 12 financial affidavit detailing the total amount of funds currently available to him as well as any liabilities or financial obligations 13 detracting from that sum not later than October 1, 2024.

14 (2) The Court will establish new deadlines for Petitioner’s response in opposition to Respondent’s Answer and Respondent’s optional reply in 15 support after it has made a decision on the appointment of counsel in this case. 16 (3) Finally, the Clerk of Court is DIRECTED to RENOTE the Motion to 17 Appoint Counsel (Dkt. 25) for consideration on October 1, 2024. The Clerk is further DIRECTED to REMOVE the noting date from the Response 18 (Dkt. 22) until reestablished in a subsequent order. The Clerk shall also send a copy of this Order to the Office of the Federal Public Defender for the 19 Western District of Washington.

20 Dated this 3rd day of September, 2024. 21 A 22 23 Grady J. Leupold United States Magistrate Judge 24