In Re Application of: Amikhet En Maati
Filing
13
MEMORANDUM AND ORDER denying 12 Motion to Appoint Counsel. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(ADB, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AMIKHET EN MAATI,
Petitioner,
v.
STATE OF NEBRASKA,
Respondent.
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8:12CV314
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 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.) The court has carefully reviewed the record and finds that 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. 12) is denied without prejudice.
DATED this 11th day of January, 2013.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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