Handley v. Wallace

Filing 13

MEMORANDUM AND ORDER re: 3 MOTION to Appoint Counsel filed by Petitioner Roy Handley ; IT IS HEREBY ORDERED that Petitioner's Motion for Appointment of Counsel (Docket No. 3 ) is DENIED WITHOUT PREJUDICE. If the Court later determines that counsel is necessary, the appropriate order will be issued.. Signed by Magistrate Judge Terry I. Adelman on 9/5/14. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ROY HANDLEY,
Petitioner,
v.
IAN WALLACE,
Respondent.

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No. 4:14CV776 SNLJ
(TIA)

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s Motion for Appointment of Counsel. The
cause was referred to the undersigned pursuant to 28 U.S.C. § 636(b).
On April 18, 2014, Petitioner filed a petition under 28 U.S.C. § 2254 for a writ of habeas
corpus. He filed a motion for appointment of counsel on that same date, alleging that he is unable
to obtain legal counsel because of his poverty. Thus, he requests that the court appoint him an
attorney.
“[T]here is neither a constitutional nor statutory right to counsel in habeas proceedings . . .”
McCall v. Benson, 114 F.3d 754, 756 (8th Cir. 1997). In order to determine whether appointment
of counsel is appropriate, the court must consider “the factual and legal complexity of the case, and
the petitioner’s ability both to investigate and to articulate his claims without court appointed
counsel.” Id. (citations omitted). In the instant case, Petitioner raises only three grounds for habeas
relief, and they do not appear to be factually or legally complex. Further, Petitioner has thus far been
able to articulate his claims in both his Petition in a clear, concise manner with exhibits and case law
in support. Because Petitioner has demonstrated an ability to adequately present his claims without
an attorney, his motion for appointment of counsel will be denied at this time.

Accordingly,
IT IS HEREBY ORDERED that Petitioner’s Motion for Appointment of Counsel (Docket
No. 3) is DENIED WITHOUT PREJUDICE. If the Court later determines that counsel is
necessary, the appropriate order will be issued.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE
Dated this 5th day of September, 2014.