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- ilcd;;1:16-cv-01093_de9 RegisterActionDate "2016-04-05" @default.
- ilcd;;1:16-cv-01093_de9 RegisterActionDescriptionText "TEXT ONLY ORDER denying Petitioner's 4 Motion to Request Counsel. Although Petitioner has no absolute right to counsel in his habeas corpus proceeding, he asks the Court to exercise its discretion to appoint counsel for him. See Merritt v. Faulkner, 697 F.2d 761, 763 (7th Cir. 1983). After considering the factors set forth in Merit, the Court concludes that appointment of counsel is not warranted in this action at this time. He has neither demonstrated that he made reasonable attempts (aside from contacting a single firm) to retain private counsel nor alleged any present physical or mental disability which might preclude him from adequately investigating the facts giving rise to his Motion. Unfamiliarity with the law or legal proceedings is insufficient. See Merritt, 697 F.2d at 765. Furthermore, the evidence which might support Petitioner's relatively simple claims does not appear so complex or intricate that a trained attorney is a necessity, and there is nothing before the Court to suggest that he is not capable of adequately presenting his case. The legal issues raised are not unduly complex, and there is an abundance of accessible case law. Accordingly, Petitioner's Motion for Appointment of Counsel is denied. Entered by Chief Judge James E. Shadid on 4/5/2016. (SJP, ilcd) (Entered: 04/05/2016)" @default.
- ilcd;;1:16-cv-01093_de9 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01093_de9 hasJudgeReference SJ001502 @default.
- ilcd;;1:16-cv-01093_de9 hasReferenceToOtherEntry ilcd;;1:16-cv-01093_de3 @default.