Campbell v. Easter et al

Filing 4

ORDER TO SHOW CAUSE ENTERED: Petitioner's motion for leave to appear in forma pauperis 2 is granted. Petitioner's motion 3 for appointment of counsel is denied. Respondent is required to show cause within twenty (20) days from the da te of this Order why the writ should not be granted and the prisoner released from custody. Petitioner is granted ten (10) days after receipt by him of a copy of the Respondents' answer and return to file a traverse thereto. Signed by U.S. Senior District Judge Sam A. Crow on 08/30/17. Mailed to pro se party Brian A. Campbell by regular mail; e-mailed to Kansas Attorney General. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

BRIAN A. CAMPBELL,
Petitioner,
v.

CASE NO. 17-3145-SAC

JEFF EASTER, et al.,
Respondent.

ORDER TO SHOW CAUSE
This matter is a petition for habeas corpus filed under 28 U.S.C. § 2241 by a prisoner in
state custody. Petitioner proceeds pro se and has filed a motion for leave to appear in forma
pauperis (Doc. 2). The Court grants Petitioner leave to appear in forma pauperis.
Petitioner has also filed a Motion for Appointment of Counsel (Doc. 3), arguing that he
has limited access to information and that his case is complicated. “[T]he appointment of
counsel in a habeas action lies within the sound discretion of the habeas court unless the case is
so complex that the denial of counsel would amount to the denial of due process.” Holloway v.
Hatch, 250 F. App’x 899, 901 (10th Cir. 2007) (quoting Nance v. Nelson, 60 F.3d 837, 1995 WL
380803, at *6 (10th Cir. June 21, 1995) (unpublished opinion)). This is not such a case. The
Court denies the motion for appointment of counsel.
The Court, having examined the materials filed in this case, finds that a responsive
pleading is required.
IT IS THEREFORE ORDERED BY THE COURT that Petitioner’s motion for leave
to appear in forma pauperis (Doc. 2) is granted.

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IT IS FURTHER ORDERED that Petitioner’s motion for appointment of counsel
(Doc. 3) is denied.
IT IS FURTHER ORDERED that Respondent herein is hereby required to show cause
within twenty (20) days from the date of this Order why the writ should not be granted and the
prisoner released from custody; that the Petitioner is hereby granted ten (10) days after receipt by
him of a copy of the Respondent’s answer and return to file a traverse thereto, admitting or
denying under oath all factual allegations therein contained; and that the file then be returned to
the undersigned judge for such further action as may be appropriate.
Copies of this Order shall be transmitted to the parties and to the Kansas Attorney
General.
IT IS SO ORDERED.
Dated this 30th day of August, 2017, at Topeka, Kansas.

s/ Sam A. Crow
Sam A. Crow
U. S. Senior District Judge

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