Robinson v. Ludwick

Filing 3

ORDER re 1 Petition for Writ of Habeas Corpus filed by Michael Ray Robinson. The clerks office is directed to send a copy of the application for a writ of habeas corpus by certified mail to the respondent and the Iowa Attorney General in accordance with Rule 4, Rules Governing Section 2254 Cases. The respondent is directed to file an answer or dispositive motion to the application for a writ of habeas corpus in accordance with Rule 5, Rules Governing Section 2254 Cases, by no later than 11/22/ 2013. 2 MOTION to Appoint Counsel filed by Michael Ray Robinson is denied. Signed by Chief Judge Linda R Reade on 10/21/2013. (NEF and order mailed to Petitioner; NEF, order, and petition for writ of habeas corpus sent by certified mail to Respondent and Iowa Attorney General) (pac)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION

MICHAEL RAY ROBINSON,
Petitioner,

No. C13-0099-LRR

vs.
ORDER

NICHOLAS LUDWICK,
Respondent.
____________________________

This matter is before the court on the petitioner’s application for a writ of habeas
corpus (docket no. 1) and application for appointment of counsel (docket no. 2). The
petitioner filed the former application on September 30, 2013 and the latter application on
October 10, 2013. The petitioner paid the required filing fee. See 28 U.S.C. § 1914.
Currently confined at the Iowa State Penitentiary in Fort Madison, Iowa, the
petitioner brings this action under 28 U.S.C. § 2254 to challenge the legality of his
confinement. This case is related to Robinson v. Ludwick, Case #: 1:13-cv-00098-LRR
(N.D. Iowa 2013). In that case, the court stated:
[I]t appears that the petitioner submitted a mixed petition
because he did not fully and fairly present at least one of his
claims to the highest state court. Stated differently, it appears
that the petitioner failed to comply with 28 U.S.C.
2254(b)(1)(A), which requires him to exhaust the remedies that
are available in the courts of Iowa. Moreover, having
reviewed Robinson v. State, No. 10-1337, 2013 Iowa App.
LEXIS 766 (Iowa Ct. App. 2013),1 it appears that the

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Iowa state court criminal and civil records may be accessed at the following
address: http://www.iowacourts.gov/Online_Court_Services/. See Stutzka v. McCarville,
420 F.3d 757, 760 n.2 (8th Cir. 2005) (addressing court’s ability to take judicial notice of
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petitioner’s claim that trial counsel provided ineffective
assistance by failing to argue black persons were systematically
excluded from the jury pool does not entitle him to habeas
relief, which is an extraordinary remedy. See Harrington v.
Richter, ___ U.S. ___, 131 S. Ct. 770, 785-87 (2011).
Despite the court’s prior observations, the clerk’s office shall be directed to send a copy
of the application for a writ of habeas corpus by certified mail to the respondent and the
Iowa Attorney General in accordance with Rule 4, Rules Governing Section 2254 Cases.
The respondent shall be directed to file an answer or dispositive motion to the application
for a writ of habeas corpus in accordance with Rule 5, Rules Governing Section 2254
Cases, by no later than November 22, 2013.
Lastly, the court concludes that the assistance of counsel is not warranted at this
time.

Having reviewed relevant state court decisions, it appears that none of the

petitioner’s claims entitle him to habeas relief. Accordingly, the petitioner’s application
for appointment of counsel shall be denied. See Davis v. Scott, 94 F.3d 444, 447 (8th Cir.
1996) (setting forth factors to be considered for appointment of counsel in civil case);
Abdullah v. Gunter, 949 F.2d 1032, 1035 (8th Cir. 1991) (same); Wiggins v. Sargent, 753
F.2d 663, 668 (8th Cir. 1985) (stating an indigent litigant enjoys neither a statutory nor
a constitutional right to have counsel appointed in a civil case).
IT IS THEREFORE ORDERED:
1) The clerk’s office is directed to send a copy of the application for a writ of
habeas corpus by certified mail to the respondent and the Iowa Attorney General in
accordance with Rule 4, Rules Governing Section 2254 Cases.

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(...continued)
public records).
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2) The respondent is directed to file an answer or dispositive motion to the
application for a writ of habeas corpus in accordance with Rule 5, Rules Governing
Section 2254 Cases, by no later than November 22, 2013.
3) The petitioner’s application for appointment of counsel (docket no. 2) is denied.
DATED this 21st day of October, 2013.

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