Yazzie v. Shinn

Opinion

1 JL 2 WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Robert Lee Yazzie, No. CV 21-00784-PHX-MTL (JZB) 10 Petitioner, 11 v. ORDER 12 David Shinn, et al., 13 Respondents.

14 15 On May 3, 2021, Petitioner Robert Lee Yazzie, who is confined in the Central 16 Arizona Correctional Facility in Florence, Arizona, filed a pro se Petition for Writ of 17 Habeas Corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s 18 Motion for Appointment of Counsel (Doc. 2). 19 “Indigent state prisoners applying for habeas corpus relief are not entitled to 20 appointed counsel unless the circumstances of a particular case indicate that appointed 21 counsel is necessary to prevent due process violations.” Chaney v. Lewis, 801 F.2d 1191, 22 1196 (9th Cir. 1986). However, the Court has discretion to appoint counsel when “the 23 interests of justice so require.” 18 U.S.C. § 3006A(a)(2)(B). 24 Petitioner has not made the necessary showing for appointment of counsel at this 25 time, and, therefore, his Motion for Appointment of Counsel will be denied without 26 prejudice. If, at a later date, the Court determines that an evidentiary hearing is required, 27 counsel will be appointed in accordance with Rule 8(c) of the Rules Governing Section 28 2254 Proceedings. 1 | IT IS ORDERED: 2 | (1) The reference to the Magistrate Judge is withdrawn only as to Petitioner’s 3 | Motion for Appointment of Counsel (Doc. 2). 4 | (2) The Motion for Appointment of Counsel (Doc. 2) is denied without 5 | prejudice. 6 | (3) All other matters remain with the Magistrate Judge for disposition as 7 | appropriate. 8 | Dated this 15th day of October, 2021.

| Mk Lop. ‘chad T. Gihuade Michael T. Liburdi 12 | United States District Judge 13| 14 | 15 | 16 | 17| 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 |