Frohwerk v. Superintendent

Filing 19

OPINION AND ORDER denying 17 Motion to Appoint Pauper Counsel. Signed by Judge Rudy Lozano on 7/21/11. cc: Frohwerk (mc)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION DAVID R. FROHWERK, ) ) ) ) ) ) ) ) ) ) Petitioner, vs. SUPERINTENDENT, WESTVILLE CORRECTIONAL FACILITY, Respondent. CAUSE NO. 2:11-CV-57 OPINION AND ORDER This matter is before the Court on the Motion for Appointment of Pauper Counsel, filed by David R. Frohwerk on June 13, 2011. Appointing counsel for pro se petitioners in habeas corpus cases is necessary only in the most extraordinary circumstances, where “given the difficulty of the case and the litigant’s ability, [Petitioner] could not obtain justice without an attorney.” Winsett v. Washington, 130 F.3d 269, 281 (7th Cir. 1997). This Petitioner’s claims are not extraordinary or complex, and he has not demonstrated any inability to research and adequately present his claims. The issues and arguments are already framed by the state court proceedings, which will be reviewed by this Court. Accordingly, the motion is DENIED. DATED: July 21, 2011 /S/RUDY LOZANO, Judge United States District Court

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