White v. Hamilton

E.D. Oklahoma

White v. Hamilton

DecidedNovember 19, 2024

Docket6:24-cv-00332

StatusUnknown

This text of White v. Hamilton (White v. Hamilton) is published on Counsel Stack Legal Research, covering District Court, E.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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White v. Hamilton, (E.D. Okla. 2024).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA RICKEY WHITE, Petitioner, v. Case No. 24-CV-332-JFH-DES CASEY HAMILTON, Warden, Respondent. OPINION AND ORDER Petitioner Rickey White (“White”) filed a motion requesting the Court to appoint counsel in this habeas corpus matter. Dkt. No. 12. He bears the burden of convincing the Court that his claim has sufficient merit to warrant such appointment. McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985) (citing United States v. Masters, 484 F.2d 1251, 1253 (10th Cir. 1973)). The Court has carefully reviewed the merits of White’s claims, the nature of factual issues raised in his allegations, and his ability to investigate crucial facts. McCarthy, 753 F.2d at 838 (citing Maclin v. Freake, 650 F.2d 885, 887-88 (7th Cir. 1981)). After considering White’s ability to present his claims and the complexity of the legal issues raised by the claims, the Court finds that appointment of counsel is not warranted. See Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991); see also Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995). IT IS THEREFORE ORDERED that Petitioner White’s motion for appointment of counsel [Dkt. No. 12] is DENIED. Dated this 19th day of November 2024.

OC ‘Vet Lew JOHN F. HEI, Ill UNITED SPATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA RICKEY WHITE, Petitioner, v. Case No. 24-CV-332-JFH-DES CASEY HAMILTON, Warden, Respondent. OPINION AND ORDER Petitioner Rickey White (“White”) filed a motion requesting the Court to appoint counsel in this habeas corpus matter. Dkt. No. 12. He bears the burden of convincing the Court that his claim has sufficient merit to warrant such appointment. McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985) (citing United States v. Masters, 484 F.2d 1251, 1253 (10th Cir. 1973)). The Court has carefully reviewed the merits of White’s claims, the nature of factual issues raised in his allegations, and his ability to investigate crucial facts. McCarthy, 753 F.2d at 838 (citing Maclin v. Freake, 650 F.2d 885, 887-88 (7th Cir. 1981)). After considering White’s ability to present his claims and the complexity of the legal issues raised by the claims, the Court finds that appointment of counsel is not warranted. See Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991); see also Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995). IT IS THEREFORE ORDERED that Petitioner White’s motion for appointment of counsel [Dkt. No. 12] is DENIED. Dated this 19th day of November 2024.

OC ‘Vet Lew JOHN F. HEI, Ill UNITED SPATES DISTRICT JUDGE

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White v. Hamilton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-hamilton-oked-2024.

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