DeJong v. State of Nebraska
Filing
14
MEMORANDUM OF ORDER that the Petitioner's Request for Appointment of Counsel (Filing No. 2 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SUSAN M. DEJONG,
Petitioner,
V.
STATE OF NEBRASKA,
Respondent.
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4:16CV3020
MEMORANDUM
AND ORDER
This matter is before the court on Petitioner’s Request for Appointment of
Counsel. (Filing No. 2.) “[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). 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 there is no need for the appointment of counsel at this time.
IT IS THEREFORE ORDERED that: Petitioner’s Request for Appointment of
Counsel (Filing No. 2) is denied without prejudice to reassertion.
DATED this 25th day of May, 2016.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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