Walker v. United States of America

Filing 20

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's motions for appointment of counsel are DENIED. ECF Nos. 11 and 18 . IT IS FURTHER ORDERED that Petitioners motions for summary judgment are DENIED. ECF Nos. 8 and 15 . IT IS FURTHER ORDERED that Petitioner's motion for production of certified documents is DENIED. ECF No. 12 . Signed by District Judge Audrey G. Fleissig on 8/31/2017. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

DARRELL WALKER,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4:15CV00606 AGF

MEMORANDUM AND ORDER
This matter is before the Court on several motions filed by habeas Petitioner
Darrell Walker. Petitioner filed this action pro se under 28 U.S.C. § 2255 to vacate, set
aside, or correct his sentence of 46 months’ imprisonment imposed on May 22, 2014,
upon his guilty plea for being a felon in possession of a firearm.
Petitioner’s motions for appointment will be denied. 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.

Petitioner’s two motions for summary judgment will also be denied. These
motions were filed before the government filed its response to the Court’s Order to show
cause why habeas relief should not be granted. Petitioner argued that he was entitled to
judgment in light of the delay in the government’s response. The government was
granted extensions by the Court to file its response. The response has now been filed,
and Petitioner filed a reply. The matter is properly before the Court for its consideration.
Lastly, Petitioner filed a motion for the Court to send him certified documents in
the underlying criminal case (the charging complaint, the PSR, the judgment of
commitment, and a transcript of the sentencing hearing). These are all documents
Petitioner can obtain from his appointed counsel in that case. Petitioner has not asserted
that he requested these documents from counsel and his request was denied.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motions for appointment of counsel
are DENIED. ECF Nos. 11 and 18.
IT IS FURTHER ORDERED that Petitioner’s motions for summary judgment
are DENIED. ECF Nos. 8 and 15.
IT IS FURTHER ORDERED that Petitioner’s motion for production of certified
documents is DENIED. ECF No. 12.

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 31st day of August, 2017
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