Rebstock v. Russell

Filing 10

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Petitioners motion for appointment of counsel is DENIED. (Doc. No. 4) re: 4 MOTION to Appoint Counsel filed by Petitioner Richard Dale Rebstock Signed by Honorable Audrey G. Fleissig on 10/25/11. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

RICHARD DALE REBSTOCK,
Petitioner,
vs.
STATE OF MISSOURI,
Respondent.

)
)
)
)
)
)
)
)
)

Case No. 4:11CV01688 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s motion for appointment of
counsel. There is no constitutional right for a pro se habeas petitioner to have counsel
appointed, although the Court has discretion to appoint an attorney when necessary.
Morris v. Dormire, 217 F.3d 556, 558 (8th Cir. 2000); Nachtigall v. Class, 48
F.3d 1076, 1081 (8th Cir. 1995). Among the factors a court should consider in making
this determination are the factual and legal complexity of the case, the ability of the
petitioner to present the facts and present his claims, and the degree to which the
petitioner and the Court would benefit from such an appointment. Morris, 217 F.3d at
558-59; Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). Upon review of the
record, the Court does not believe that the appointment of counsel is necessary here.

Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motion for appointment of
counsel is DENIED. (Doc. No. 4)

________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 25th day of October, 2011.