Harden v. Britten et al

Filing 18

MEMORANDUM AND ORDER that Petitioner's Motion to Appoint Counsel 16 is denied. Petitioner's Motion for Leave to Supplement Habeas Corpus Information 17 is denied without prejudice to reassertion as set forth in this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT HARDEN,
Petitioner,
v.
FRED BRITTEN, Warden, and
ROBERT HOUSTON, Director of the
Department of Corrections,
Respondents.

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CASE NO. 4:11CV3084

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Motion to Appoint Counsel. (Filing No.
16.) As this court has previously informed Petitioner, “[t]here is neither a constitutional nor
statutory right to counsel in habeas proceedings; instead, [appointment] is committed to
the discretion of the trial court.” McCall v. Benson, 114 F.3d 754, 756 (8th Cir. 1997). As
a general rule, counsel will not be appointed unless the case is unusually complex or the
petitioner’s ability to investigate and articulate the claims is unusually impaired or an
evidentiary hearing is required. See, e.g., Morris v. Dormire, 217 F.3d 556, 558-59 (8th Cir.
2000), cert. denied, 531 U.S. 984 (2000); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir.
1994) (citations omitted). See also Rule 8(c) of the Rules Governing Section 2254 Cases
in the United States District Courts (requiring appointment of counsel if an evidentiary
hearing is warranted.) The court has carefully reviewed the record and finds that there is
no need for the appointment of counsel at this time.
Also pending is Petitioner’s Motion for Leave to Supplement Habeas Corpus
Information. (Filing No. 17.) In its entirety, this Motion “request[s] the Court to Allow the
Motion for Leave to Supplement Habeas Corpus Information to pass and issue an order
stating so Petitioner may app to his claims of the Habeas Corpus.” (Id.) Simply put, the

court cannot tell what, if any, relief Petitioner seeks in this Motion. As such, the Motion is
denied without prejudice to reassertion in the event that Petitioner wishes to re-file or
otherwise clarify the Motion.
IT IS THEREFORE ORDERED that:
1.

Petitioner’s Motion to Appoint Counsel (Filing no. 16) is denied; and

2.

Petitioner’s Motion for Leave to Supplement Habeas Corpus Information
(filing no. 17) is denied without prejudice to reassertion as set forth in this
Memorandum and Order.

DATED this 7th day of September, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge

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