Lopez v. Nebraska, State of

Filing 33

MEMORANDUM AND ORDER denying 26 Motion to Appoint Counsel. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)

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. 26.) "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) (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 to Appoint Counsel (Filing No. 26) is denied. DATED this 10th day of August, 2009. BY THE COURT: s/Laurie Smith Camp United States District Judge *This opinion m a y contain hyperlinks to other docum e n ts or W e b sites.

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