Ildefonso v. Gage

Filing 48

MEMORANDUM AND ORDER - Petitioner's Motion for Appointment of Counsel (Filing No. 40 ) is denied without prejudice to reassertion. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ARLYN P. ILDEFONSO,
Petitioner,
v.
BRIAN GAGE, Warden,
Respondent.

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4:13CV3110

MEMORANDUM
AND ORDER

This matter is before the Court on Petitioner’s Motion for Appointment of Counsel.
(Filing No. 40.) “There 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). 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. Accordingly,
IT IS ORDERED: Petitioner’s Motion for Appointment of Counsel (Filing No. 40) is
denied without prejudice to reassertion.

DATED this 9th day of October, 2014.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge