Hickerson v. Norman

Filing 8

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's motion for appointment of counsel is DENIED. (Doc. No. 5 .) Signed by District Judge Audrey G. Fleissig on October 20, 2015. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ERIC BRIAN HICKERSON,
Petitioner,
v.
JEFFERY NORMAN,
Respondent.

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No. 4:15-cv-01223-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s motion (Doc. No. 5) 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 counsel when
necessary. Morris v. Dormire, 217 F.3d 556, 558-59 (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 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
warranted here.

Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motion for appointment of counsel
is DENIED. (Doc. No. 5.)

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 20th day of October, 2015.

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