Brown v. Commissioner of Correction
RULING denying without prejudice to refiling should an evidentiary hearing be scheduled in this case 6 and 8 Motions to Appoint Counsel; granting 7 Motion for Reconsideration. Signed by Judge Janet C. Hall on 12/11/2013. (Lewis, D)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
COMMISSIONER OF CORRECTION
PRISONER CASE NO.
DECEMBER 11, 2013
RULING ON PENDING MOTIONS [DOC. NOS. 6, 7, 8]
The petitioner has filed two Motions for Appointment of Counsel and a Motion
seeking reconsideration of the denial of his Motion to Proceed In Forma Pauperis.
Motions for Appointment of Counsel
The petitioner asks the court to appoint pro bono counsel pursuant to 18 U.S.C.
§1915 to represent him in this federal habeas corpus action. He states that no attorney
he has contacted will accept his case pro bono.
Appointment of counsel in habeas corpus cases is discretionary, and that
discretion should be exercised only when the interests of justice so require, unless an
evidentiary hearing is necessary. See Rule 8(c) of the Rules Governing Section 2254
Cases in the United States District Courts; 18 U.S.C. § 3006A(a)(2)(B).
The court must review the response to the petition and the petitioner’s reply, if
any, before it can determine whether an evidentiary hearing is required or if the interests
of justice require appointment of counsel in this case. Thus, appointment of counsel is
not warranted at this time.
The petitioner’s Motions for Appointment of Counsel (Doc. Nos. 6 & 8) are
DENIED without prejudice to refiling should an evidentiary hearing be scheduled in this
Motion for Reconsideration
The petitioner asks this court to reconsider the court’s, Fitzsimmons, M.J., denial
of his Motion to Proceed In Forma Pauperis. The Motion was denied as moot because
the petitioner paid the filing fee. The petitioner has not identified any basis for altering
that decision. The Motion for Reconsideration (Doc. No. 7) is GRANTED, but the relief
requested is DENIED.
Dated this 11th day of December 2013, at New Haven, Connecticut.
/s/ Janet C. Hall
Janet C. Hall
United States District Judge
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