(HC) Bisel v. Fisher

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA GREGORY EUGENE BISEL, Case No. 1:17-cv-00013-DAD-SKO (HC) 12 Petitioner, ORDER DENYING FOURTH MOTION FOR APPOINTMENT OF COUNSEL 13 v. [Doc. 58] RAY FISHER, JR., Warden, et al., 15 Respondents.

17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

19 On May 14, 2021, Petitioner filed his fourth motion for appointment of counsel, and he again requests an expedited hearing. (Doc. 58.) Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. The Court has considered Petitioner’s arguments but finds that the circumstances do not merit the appointment of counsel.

24 Petitioner again states he has been unable to conduct legal research because the law library paging system at his institution is a complete failure. As previously stated, with respect to this case, Petitioner has no pending court deadlines. At the present time, the petition is pending a response from Respondent. Moreover, the circumstances Petitioner is faced with, i.e., the extent the pandemic hinders Petitioner’s research, Petitioner may request an extension of time to file his traverse, when that time comes.

3 With respect to Petitioner’s request for an expedited hearing, the Court does not have an expedited calendar. Furthermore, the petition is not yet briefed; therefore, there is no court action to expedite.

6 With respect to Petitioner’s complaints concerning the prison’s management of its legal resources, Petitioner is again reminded that he is complaining about a condition of his confinement. Such complaints are not cognizable in a federal habeas action, and the proper method for a prisoner to challenge the conditions of confinement is by way of a separate civil rights complaint. McCarthy v. Bronson, 500 U.S. 136, 141-42 (1991).

11 The Court finds that the interests of justice do not require the appointment of counsel.

12 Accordingly, IT IS HEREBY ORDERED that Petitioner's fourth request for appointment of counsel is DENIED.

IT IS SO ORDERED.

Sheila K. Oberto Dated: May 18, 2021 /s/ .

UNITED STATES MAGISTRATE JUDGE