Zimmerman v. State of Nebraska
Filing
9
MEMORANDUM AND ORDER denying 5 Motion to Appoint Counsel ; granting 7 Motion for Copies. The Clerk's office is directed to mail a copy of the docket sheet to Petitioner. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party with docket sheet)(MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER ZIMMERMAN,
Petitioner,
v.
STATE OF NEBRASKA,
Respondent.
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CASE NO. 4:12CV3246
MEMORANDUM
AND ORDER
This matter is before the court on Petitioner’s Motion to Appoint Counsel and Motion
for Copies. (Filing Nos. 5 and 7.) “[T]here is neither a constitutional nor statutory right to
counsel in habeas proceedings; instead, [appointment of counsel] is committed to the
discretion of the trial court.” McCall v. Benson, 114 F.3d 754, 756 (8th Cir. 1997), (citations
omitted). 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). Upon review of the pleadings and Petitioner’s Motion,
there is no need for the appointment of counsel at this time.
IT IS THEREFORE ORDERED that:
1.
Petitioner’s Motion to Appoint Counsel (Filing No. 5) is denied; and
2.
Petitioner’s Motion for Copies (Filing No. 7) is granted. The clerk’s office is
directed to mail a copy of the docket sheet to Petitioner.
DATED this 12th day of February, 2013.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
*This opinion may contain hyperlinks to other documents or Web sites. The U.S.
District Court for the District of Nebraska does not endorse, recommend, approve, or
guarantee any third parties or the services or products they provide on their Web sites.
Likewise, the court has no agreements with any of these third parties or their Web sites.
The court accepts no responsibility for the availability or functionality of any hyperlink. Thus,
the fact that a hyperlink ceases to work or directs the user to some other site does not affect
the opinion of the court.
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*This opinion may contain hyperlinks to other documents or Web sites. The U.S.
District Court for the District of Nebraska does not endorse, recommend, approve, or
guarantee any third parties or the services or products they provide on their Web sites.
Likewise, the court has no agreements with any of these third parties or their Web sites.
The court accepts no responsibility for the availability or functionality of any hyperlink. Thus,
the fact that a hyperlink ceases to work or directs the user to some other site does not affect
the opinion of the court.
3
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