Gibbs v. Houston
MEMORANDUM AND ORDER denying the Petitioner's 3 Motion to Appoint Counsel. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
This matter is before the court on Petitioner’s Motion to Appoint Counsel. (Filing No. 3.)
“[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 Petitioner’s Motion to Appoint Counsel (filing no. 3)
DATED this 20th day of June, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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