Lopez v. Nebraska, State of
ORDER denying without prejudice to reassertion 12 Petitioner's Motion for Appointment of Counsel. Ordered by Judge Laurie Smith Camp. (JB)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JAMES E. LOPEZ, Petitioner, v. STATE OF NEBRASKA, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 8:08CV443
MEMORANDUM AND ORDER
This matter is before the court on Petitioner's Motion to Appoint Counsel. (Filing No. 12.) "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 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.) Thus, there is no need for the appointment of counsel at this time. IT IS THEREFORE ORDERED that: Petitioner's Motion for Appointment of Counsel (Filing No. 12) is denied without prejudice to reassertion. DATED this 6th day of March, 2009. BY THE COURT: s/Laurie Smith Camp United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?