Wilson v. United States of America

Filing 4

MEMORANDUM AND ORDER re: 3 MOTION to Appoint Counsel filed by Petitioner Vernon Wilson motion is IT IS HEREBY ORDERED that Petitioners motion for appointment of counsel is DENIED. (Doc. No. 3.). Signed by District Judge Audrey G. Fleissig on 12/4/13. (JWJ)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION VERNON WILSON, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Case No. 4:13CV02164 AGF MEMORANDUM AND ORDER This matter is before the Court on habeas Petitioner’s motion for appointment of counsel to properly prepare a brief on his behalf in this action that he filed under 28 U.S.C. § 2255. There is no constitutional right for a pro se habeas petitioner to have counsel appointed, although a 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 at this stage of the proceedings. Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for appointment of counsel is DENIED. (Doc. No. 3.) ___________________________________ AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE Dated this 4th day of December, 2013.

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