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)

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

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