Milo (ID 0101994) v. Kansas, State of et al
MEMORANDUM AND ORDER ENTERED: Petitioner's motion to appoint counsel 18 is denied without prejudice. Signed by U.S. Senior District Judge Sam A. Crow on 12/01/17. Mailed to pro se party Gregory John Milo by regular mail. (smnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
GREGORY JOHN MILO,
CASE NO. 17-3154-SAC
MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed under 28 U.S.C.
§ 2254. The respondent’s Answer and Return is pending. Petitioner has
moved for the appointment of counsel.
An applicant for habeas corpus relief has no constitutional right
to the appointment of counsel. See Swazo v. Wyo. Dept. of Corr., 23
F.3d 332, 333 (10th Cir. 1994)(“[T]here is no constitutional right to
counsel beyond the appeal of a criminal conviction, and … generally
appointment of counsel in a § 2254 proceeding is left to the court’s
discretion.”). Rather, the court may appoint counsel when “the
interests of justice so require” for a petitioner who is financially
eligible. See 18 U.S.C. § 3006A(1)(2)(b).
The court has studied the petition and concludes that the
appointment of counsel is not warranted in this matter at the present
time. The Court will review the responsive pleading and then will
determine whether an evidentiary hearing is necessary in this matter.
If so, petitioner will be appointed counsel at that time.
IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s motion to
appoint counsel (Doc. 18) is denied without prejudice.
IT IS SO ORDERED.
This 1st day of December, 2017, at Topeka, Kansas.
S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge
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