Opinion
01 Civ. 9995 (RMB)(KNF)
June 25, 2002
MEMORANDUM and ORDER
DeAndre Williams has requested that the court appoint counsel to represent him in connection with his pending application for a writ of habeas corpus. The application is addressed below.
In a habeas corpus proceeding, the appointment of counsel is discretionary. See Coita v. Leonardo, No. 96 Civ. 1044, 1998 WL 187416, at *1 (N.D.N.Y. April 14, 1998). Among the factors which a court may consider in determining whether to grant a habeas corpus petitioner's application for appointment of counsel is whether an evidentiary hearing should be held in connection with the petition. Where no hearing is to be held, the appointment of counsel is not warranted. See U.S. ex rel Cadogan v. LaValle, 502 F.2d 824, 826 (2d Cir. 1974); see also Adams v. Greiner, No. 97 Civ. 3180, 1997 WL 266984 (S.D.N.Y. May 20, 1997).
The Court has reviewed the petition and the respondent's answer to the petition. As a result, the Court has determined that a hearing does not appear necessary to resolve the issues presented. The issues raised in the petition may fairly be resolved upon review of the record generated during the various state court proceedings that have been held previously in connection with the offenses that resulted in petitioner's confinement. Accordingly, petitioner's application for appointment of counsel is denied.