Sweat v. State of New Mexico

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO

ALREE SWEAT,

Petitioner,

vs. Civ. No. 19-987 JB/GJF

STATE OF NEW MEXICO,

Respondent.

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL THIS MATTER is before the Court on the Motion for Appointment of Counsel filed by Petitioner Alree Sweat [ECF 3]. The Court will deny the Motion. Petitioner is a prisoner in the custody of the State of New Mexico and seeks habeas corpus review of his New Mexico conviction and sentence under 28 U.S.C. § 2254. There is no right to appointment of counsel in a habeas corpus case under 28 U.S.C. § 2254. Instead, the decision whether to request assistance of counsel rests in the sound discretion of the Court. See, e.g., Coleman v. Thompson, 501 U.S. 722 (1991); Swazo v. Wyoming Dep't of Corr. State Penitentiary Warden, 23 F.3d 332, 333 (10th Cir. 1994). In determining whether to appoint counsel, the district court should consider the merits of the litigant's claims, the nature and complexity of the factual and legal issues, and the litigant's ability to investigate the facts and to present his claims. Hill v. SmithKline Beecham Corp., 393 F.3d 1111, 1115 (10th Cir. 2004). The Court has reviewed the Petition and subsequent filings in light of the foregoing factors. Petitioner appears to understand the issues in the case and to be representing himself in a capable manner. See Lucero v. Gunter, 52 F.3d 874, 878 (10th Cir. 1995). Accordingly, the Court will deny the Motion for Appointment of Counsel. IT IS ORDERED that the Motion for Appointment of Counsel filed by Petitioner Alree Sweat [ECF 3] is DENIED. SO ORDERED.

THE HONORABLE GREGORY J. FOURATT UNITEDSTATES MAGISTRATE JUDGE