Mickelson v. 1st Judicial District Court et al

Filing 13

ORDER denying 10 Motion for Oral Arguments; denying 11 Motion for Evidentiary Hearing; and denying 12 Motion to Appoint Counsel. Signed by Judge Elizabeth E Foote on 12/29/2015. (crt,Keifer, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

ERIC DALE MICKELSON

CIVIL ACTION NO. 15-2589

VERSUS

JUDGE ELIZABETH E. FOOTE

1ST JUDICIAL DISTRICT COURT

MAGISTRATE KAREN L. HAYES

ORDER
Before the Court are three motions filed by Plaintiff: Motion for Oral Arguments,
[Record Document 10], Motion for Evidentiary Hearing, [Record Document 11], and Motion
To Appoint Counsel, [Record Document 12]. The Court DENIES Plaintiff’s Motion for Oral
Arguments. Oral argument would not assist the Court in addressing Plaintiff’s habeas
claim. The Court DENIES Plaintiff’s Motion for Evidentiary Hearing. The Court would
consider an evidentiary hearing in this matter only after it rules on the Magistrate’s Report
and Recommendation. Finally, the Court DENIES Plaintiff’s Motion To Appoint Counsel.
While a district court may appoint counsel for a habeas petitioner when “the interests of
justice so require,” 18 U.S.C. § 3006A(2)(B) (2012), the Court finds that Plaintiff’s habeas
claim is uncomplicated so does not warrant appointment of counsel. See Lane v. Goodwin,
No. CIV.A. 5:15-1638, 2015 WL 4885066, at *5 (W.D. La. Aug. 14, 2015) (“In resolving
[the question of whether the Court should appoint counsel under 18 U.S.C. § 3006A] the
court should consider both the legal and factual complexity of the case along with

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petitioner's ability to prepare and present his claim.” (citing Abdullah v. Norris, 18 F.3d
571, 573 (8th Cir. 1994))).
THUS DONE AND SIGNED in Shreveport, Louisiana, this 29th day of December,
2015.

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