Moore v. Wallace
Filing
10
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Petitioners motion for appointment of Counsel, for an evidentiary hearing, and to expand the record is DENIED. (Doc. No. 9.) re: 9 MOTION for Leave to Expand the Record MOTION for Hearing MOTION to Appoint Counsel filed by Petitioner Patrick Moore, Jr. Signed by District Judge Audrey G. Fleissig on 8/28/13. (JWJ)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PATRICK MOORE, JR.,
Petitioner,
vs.
IAN WALLACE,
Respondent.
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Case No. 4:13CV00184 AGF
MEMORANDUM AND ORDER
This matter is before the Court on habeas Petitioner’s motion for appointment of
counsel, for an evidentiary hearing, and to expand the record. 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). 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. Id. Upon review of the record, the Court does not
believe that the appointment of counsel is necessary here. Nor is an evidentiary hearing
necessary at this stage of the litigation. The relevant state court records have been
provided by Respondent, and Petitioner does not identify any additional records that are
needed by the Court to resolve Petitioner’s claims.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motion for appointment of
Counsel, for an evidentiary hearing, and to expand the record is DENIED. (Doc. No. 9.)
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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 28th day of August, 2013.
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