Red Kettle v. Scott Frakes
ORDER that petitioner's Motion to Appoint Counsel (Filing No. 89 ) is denied without prejudice to reassertion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(LAC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BYRON K. RED KETTLE,
SCOTT FRAKES, Director,
Nebraska Department of
This matter is before the Court on petitioner’s Motion
to Appoint Counsel (Filing No. 89).
“[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.”
756 (8th Cir. 1997).
McCall v. Benson, 114 F.3d 754,
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.
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
The Court has carefully reviewed the record and
finds there is no need for the appointment of counsel at this
IT IS ORDERED that petitioner’s Motion to Appoint
Counsel (Filing No. 89) is denied without prejudice to
DATED this 16th day of December, 2015.
BY THE COURT:
/s/ Lyle E. Strom
LYLE E. STROM, Senior Judge
United States District Court
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