Miles v. Olens
ORDER directing petitioner to file petition for habeas relief on standard form and move to proceed in forma pauperis or pay filing fee. Petitioner's request for appointment of counsel is denied. Ordered by US Mag Judge Stephen Hyles on 6/28/12. (AGH) ***MAILED FORMS AND ORDER ON 6/28/12.
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MICHAEL N. MILES,
Attorney General SAMUEL OLENS
and Warden CLAY TATUM
CIVIL NO. 4:12-CV-132-CDL-MSH
PROCEEDINGS UNDER 28 U.S.C. ' 2254
BEFORE THE U.S. MAGISTRATE JUDGE
Petitioner Michael Miles has filed a motion (ECF No. 1) expressing his intent to file
an application for federal habeas corpus relief pursuant to 28 U.S.C. § 2254. He also
requests that counsel be appointed to assist him. If Petitioner wishes to pursue habeas
relief in this Court, he must (1) complete and file a standard § 2254 form application and
(2) either pay the $5.00 filing fee or seek leave to proceed without prepayment of the filing
fee or security therefor pursuant to 28 U.S.C. § 1915(a).
The Clerk of Court shall forward Petitioner a copy of the standard form for a § 2254
petition along with a pauper’s affidavit and prisoner trust account certification form.
Petitioner shall have TWENTY-ONE (21) DAYS from the date shown on this Order to
complete the standard forms and return them to the Clerk of Court. Failure to comply
with this Order will result in the dismissal of this action. All documents submitted in this
case must show the case number: 4:12-cv-0132-CDL-MSH.
Petitioner’s request for counsel is premature, as he has not even yet filed his
application. Generally, there is no right to legal representation in a federal habeas corpus
proceeding. Wright v. West, 505 U.S. 277, 293 (1992). Appointment of counsel is
proper in a habeas action if counsel is necessary for effective utilization of discovery
procedures or if an evidentiary hearing is required. See Rules Governing § 2254 Cases,
Rules 6(a) and 8(c), 28 U.S.C.A. foll. § 2254. Appointed counsel is also required if the
petitioner is a death row inmate pursuing federal habeas corpus relief.
McFarland v. Scott, 512 U.S. 849, 854, 114 S.Ct. 2568, 129 L.Ed.2d 666 (1994). The
Court is not yet able to determine whether counsel needs to be appointed in this case; his
Motion for the Appointment of Counsel is thus DENIED. However, if it becomes
apparent at some point later in these proceedings that counsel should be appointed for
Petitioner, the Court will entertain a renewed motion.
There shall be no service of process in this case until further order of the Court.
SO ORDERED, this 28th day of June, 2012.
S/ Stephen Hyles
UNITED STATES MAGISTRATE JUDGE
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