Sanchez v. Silva
Decision Date | 04 October 2017 |
Docket Number | CIVIL ACTION NO. 17-11811-MBB |
Parties | RUBEN SANCHEZ, Petitioner, v. STEVEN SILVA, Superintendent, and MAURA HEALEY, Respondents. |
Court | U.S. District Court — District of Massachusetts |
MEMORANDUM AND ORDER RE: MOTION FOR THE APPOINTMENT OF COUNSEL
(DOCKET ENTRY # 4)
Petitioner Ruben Sanchez ("petitioner"), an inmate at the Souza Baranowski Correctional Center in Shirley, Massachusetts, seeks appointment of David H. Mirsky, Esq. as counsel pursuant to 18 U.S.C. § 3006A(a)(2)(B) ("section 3006A(a)(2)(B)") in the above-styled petition for habeas corpus. (Docket Entry # 4). The petition raises a single ground for relief, namely, that the trial judge violated petitioner's Fourteenth Amendment right to equal protection under Batson v. Kentucky, 476 U.S. 79 (1986), by allowing "the prosecutor's peremptory challenge of one or more qualified Hispanic prospective jurors based on their Hispanic ethnicity . . .." (Docket Entry # 1).
There is no constitutional right to appointment of counsel in a habeas proceeding. Wardlaw v. Cain, 541 F.3d 275, 279 (5th Cir. 2008) (citing Pennsylvania v. Finley, 481 U.S. 551, 555 (1987)); Swazo v. Wyoming Department of Corrections State Penitentiary Warden, 23 F.3d 332, 333 (10th Cir. 1994); see Ellis v. U.S., 313 F.3d 636, 652 (1st Cir. 2002) ( ); Morin v. State of Rhode Island, 741 F.Supp. 32, 36 (D.R.I. 1990) ( ); see also Diaz v. Drew, Civil Action No. 16-11579-NMG, 2017 WL 2312823, at *2 (D. Mass. May 26, 2017). Rather, under section 3006A(a)(2)(B) a court may appoint counsel for a "financially eligible person seeking relief under section 2254 when the interests of justice require." Battle v. Armontrout, 902 F.2d 701, 702 (8th Cir. 1990). Cases warranting appointment of counsel in "the interests of justice" under section 3006A(a)(2)(B) typically involve nonfrivolous claims with factually and/or legally complex issues and/or a petitioner who is severely hampered in his ability to investigate the facts. See United States v. Mala, 7 F.3d 1058, 1063-1064 (1st Cir. 1993) ( ); Battle v. Armontrout, 902 F.2d at 702(section 2254 petition for appointment of counsel where claim was nonfrivolous, facts and law were complex and the petitioner's incarceration severely hampered his investigative abilities) ; see also Abdullah v. Norris, 18 F.3d 571, 573 (8th Cir. 1994) ( ).
Here, the facts are relatively straight forward as they involve peremptory challenges during jury selection. The law in Batson is also well established. Moreover, petitioner cogently and adequately presents the issue in the petition. (Docket Entry # 1, pp. 9-11).1 Appointment is therefore not advisable. See, e.g., Wardlaw v. Cain, 541 F.3d at 279 ( ).
The motion for appointment of counsel (Docket Entry # 4) is DENIED.
/s/ Marianne B. Bowler
1. Page numbers refer to the page as docketed.
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