Hall v. Britten
MEMORANDUM AND ORDER regarding 132 Motion to Appoint Counsel. 1. Petitioner's request for the appointment of counsel (Filing No. 132 ) is denied. 2. Petitioner has attached original documents addressed to the United States Supreme Court to his correspondence seeking the appointment of counsel. (See Filing No. 132-1 and Filing No. 132-2.) The clerk's office is directed to return these original documents to Petitioner together with this Memorandum and Order. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party with original submission)(JAB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAMES THOMAS HALL,
HAROLD W. CLARKE,
This matter is before the court on correspondence from Petitioner James T. Hall
addressed to United States District Judge John M. Gerrard. (See Filing No. 132.) The
undersigned judge responds to this correspondence in his capacity as supervising
judge of the pro se docket. As best as the undersigned judge can tell from this
correspondence, Petitioner seeks the appointment of counsel to represent him in
habeas corpus proceedings. Accordingly, the undersigned judge has directed the
clerk’s office to file this correspondence in this case, which is Petitioner’s most-recent
habeas corpus action.
The court will deny Petitioner’s request for the appointment of counsel.
Petitioner does not have a case pending in this court. Moreover, this court’s records
reflect that any habeas corpus action filed in this court seeking to challenge
Petitioner’s conviction for second degree murder in the District Court of Lancaster
County, Nebraska, would be successive. (See the court’s Memorandum and Order
dismissing this case with prejudice on July 27, 2004, at Filing Number 110.) If
Petitioner wishes to continue to pursue this matter, he should file a motion with the
Eighth Circuit Court of Appeals fully addressing the legal requirements for successive
habeas petitions set forth in 28 U.S.C. § 2244(b). Petitioner may also seek the
appointment of counsel in that court.
IT IS THEREFORE ORDERED that:
Petitioner’s request for the appointment of counsel (Filing No. 132) is
Petitioner has attached original documents addressed to the United States
Supreme Court to his correspondence seeking the appointment of counsel. (See Filing
No. 132-1 and Filing No. 132-2.) The clerk’s office is directed to return these original
documents to Petitioner together with this Memorandum and Order.
DATED this 21st day of July, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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