Marks v. State of Nevada

Opinion

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UNITED STATES DISTRICT COURT □

DISTRICT OF NEVADA

| outs “Qe ig-tu- O\MLI- REB-ON Wo Petitioner, EX PARTE MOTION FOR APPOINTMENT OF COUNSEL vs.

J ery Hevret , Warden Respondent COMES NOW Lous □□□ , in Proper Person, and moves this

Court for its order allowing the appointment of counsel for Petitioner. This motion is made and

based in the interest of justice. Pursuant to Title 18 § 300A. of the Federal Rules of Criminal Procedure,

(2) Whenever the United States magistrate or the court determines i bat the interests of justice so require, representation may be pruvided or any financially eligible person who . . . oe (B) is seeking relief under section 2241, 2254, 2255 of title 28.

The Court must appoint counsel where the complexities of the case are such that denial of counsel would amount to a denial of due process, Brown v. United States, 623 F.2d 54, 61 (9 Cir. 1980), and/or where the petitioner is a person of such limited education as to be incapable of presenting his claims in such a way that the Court can afford him a fair hearing, see Hawkins v. Bennet, 423 F.2d 948 (8" Cir. 1970). Petitioner alleges that the issues in this case are complex and that petitioner is unable to adequately present the claims without the assistance of counsel. Petitioner hereby respectfully requests that the Court appoint counsel for the reasons stated above. 2027 DATED this 2| day of Febeuccy _, Hamm. Respectfully submitted,

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ORDER IT IS ORDERED that ECF No. 58 is DENIED as moot. The Court granted a prior motion of Plaintiff's to appoint counsel. See = —————____ ECF No. 57. This means that Plaintiff is on a list from which counsel can select and take his case. The Court cannot, however, force ————— counsel to take his case.

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