Harden v. Gage et al
Filing
27
MEMORANDUM AND ORDER denying the Petitioner's 25 Motion to Appoint Counsel, without prejudice to reassertion. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT HARDEN,
)
)
Petitioner,
)
)
v.
)
)
BRIAN GAGE, Warden, and ROBERT )
HOUSTON, Director of Department of )
Corrections,
)
)
Respondents.
)
CASE NO. 8:13CV356
MEMORANDUM
AND ORDER
This matter is before the court on Petitioner’s Motion for Appointment of Counsel.
(Filing No. 25.) The Petitioner previously moved for appointment of counsel (Filing No. 7) and
that motion was denied (Filing No. 10). The Petitioner has not presented any new information
or argument that was not presented in connection with his earlier motion.
“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). 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 for Appointment of Counsel
(Filing No. 25) is denied without prejudice to reassertion.
DATED this 26th day of June, 2014.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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