Gordon (ID 56595) v. Cline

Filing 10

MEMORANDUM AND ORDER ENTERED: Petitioner's motion to produce transcripts 7 is denied. Petitioner's motion to appoint counsel 8 is denied. Respondent's motion for extension of time 9 is granted. The time for filing a responsiv e pleading is extended to and including January 29, 2018, and the time for filing a traverse is extended to and including March 1, 2018. Signed by U.S. Senior District Judge Sam A. Crow on 11/28/17. Mailed to pro se party Willis Shane Gordon by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

WILLIS SHANE GORDON,
Petitioner,
v.

CASE NO. 17-3184-SAC

SAM CLINE,
Respondent.

MEMORANDUM AND ORDER
This matter, a petition for habeas corpus filed under 28 U.S.C.
§ 2254, comes before the Court on petitioner’s motions to produce trial
transcripts and to appoint counsel and on respondent’s motion for an
extension of time.
Motion for transcripts
Petitioner states that he has copies of his trial transcripts
and seeks copies of his habeas corpus transcripts. Generally, indigent
prisoners do not have a right to free transcripts to allow them to
search the record for error. Webb v. Albaugh, 2017 WL 1233954 *8 (E.D.
Okla. Jan. 20, 2017)(citation omitted). Here, petitioner does not
identify a specific need that warrants additional consideration, and
the Court therefore denies the motion.
Motion for appointment of counsel
Petitioner also moves 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. Petitioner
does not identify any unusually complex issues of fact or law, and
he is able to present his claims clearly.
Motion to extend time
Respondent seeks an extension of time to and including January
29, 2018, to file an Answer and Return in this action. The Court grants
that motion and extends the time for filing a response to and including
January 29, 2018, and for filing a traverse to and including March
1, 2018.
IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s motion to
produce transcripts (Doc. #7) is denied.
IT IS FURTHER ORDERED petitioner’s motion to appoint counsel
(Doc. #8) is denied.
IT IS FURTHER ORDERED respondent’s motion for extension of time
(Doc. #9) is granted. The time for filing a responsive pleading is
extended to and including January 29, 2018, and the time for filing
a traverse is extended to and including March 1, 2018.
IT IS SO ORDERED.
DATED:

This 28th day of November, 2017, at Topeka, Kansas.

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