Vincent v. Kansas, State of

Filing 14

MEMORANDUM AND ORDER ENTERED: Petitioner's motion 13 for the appointment of counsel is denied. The time in which petitioner may respond to the motion to dismiss is extended to September 30, 2011. Signed by Senior District Judge Sam A. Crow on 8/31/2011. (Mailed to pro se party Lloyd Vincent, Jr. by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

LLOYD VINCENT, JR.,
Petitioner,
v.

CASE NO. 11-3052-SAC

RAY ROBERTS,
Respondent.

MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed pursuant to
28 U.S.C. § 2254.

It comes before the court on petitioner’s motion

for the appointment of counsel (Doc. 13).
There is no constitutional right to the appointment of counsel
in a federal habeas corpus action. Pennsylvania v. Finley, 481 U.S.
551, 555 (1987).

Rather, the decision whether to appoint counsel

rests in the discretion of the court.

Swazo v. Wyoming Dep’t. of

Corrections State Penitentiary Warden, 23 F.3d 332, 333 (10th Cir.
1994).

See also 18 U.S.C. § 3006A(a)(2)(B)(the court may appoint

counsel in action under § 2254 where “the interests of justice so
require”).
In deciding whether to appoint counsel in a civil action, the
court should consider "the litigant's claims, the nature of the
factual issues raised in the claims, the litigant's ability to
present his claims, and the complexity of the legal issues raised by

the claims."

Long v. Shillinger, 927 F.2d 525, 526-27 (10th Cir.

1991).
In the present case, the respondent has filed a motion to
dismiss this matter as untimely. Because the court finds the issues
of law and fact are not unusually complicated, it will deny the
motion to appoint counsel.
IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s motion for
the appointment of counsel (Doc. 13) is denied.
IT IS FURTHER ORDERED the time in which petitioner may respond
to the motion to dismiss is extended to September 30, 2011.
Copies of this order shall be transmitted to the parties.
IT IS SO ORDERED.
DATED:

This 31st day of August, 2011, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge

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