Thompson (ID 84607) v. McKune et al

Filing 9

MEMORANDUM AND ORDER ENTERED: Petitioner's motion 2 for leave to proceed in forma pauperis is denied. Petitioner is granted to and including March 29, 2012, to submit the $5.00 filing fee to the clerk of the court. Petitioner's motion 3 to appoint counsel is denied. Signed by Senior District Judge Sam A. Crow on 2/29/2012. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MARC J. THOMPSON,
Petitioner,
CIVIL ACTION
No. 12-3016-SAC

vs.
DAVID McKUNE, et al.,

Respondents.

MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed pursuant
to 28 U.S.C. § 2254. By an earlier order, the court directed
petitioner to supply a current financial statement. Petitioner
submitted the statement, which reflects a current available
balance of $243.07. The court finds the petitioner has sufficient resources to pay the $5.00 filing fee in this matter and
will deny leave to proceed in forma pauperis.
Petitioner also moves for the appointment of counsel. 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”).
The court has considered the request and the record and
finds the appointment of counsel is not warranted in this
action. The motion will be denied.
Finally, the court notes that petitioner is incarcerated in
the Lansing Correctional Facility. Prisoners housed in that
facility are subject to mandatory electronic filing pursuant to
Standing Order 12-01 of the court. Petitioner did not comply
with that directive in submitting the financial statement, and
the court advises him that future pleadings must be submitted
electronically. Future filings that are not submitted electronically may be summarily rejected.
IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s motion
for leave to proceed in forma pauperis (Doc. 2) is denied.
Petitioner is granted to and including March 29, 2012, to submit
the $5.00 filing fee to the clerk of the court.
IT

IS

FURTHER

ORDERED

petitioner’s

motion

to

appoint

counsel (Doc. 3) is denied.
IT IS FURTHER ORDERED petitioner is directed to comply with
the provisions of Standing Order 12-01 in all future filings
unless permission is granted by the court for cause shown.
2

A copy of this order shall be transmitted to the petitioner.
IT IS SO ORDERED.
Dated at Topeka, Kansas, this 29th day of February, 2012.

S/ Sam A. Crow
SAM A. CROW
United States Senior District Judge

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