Wilson v. Peart et al
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion to Appoint Counsel (Filing No. 16 ) is denied without prejudice to reassertion. Petitioner's Motion for Enlargement of Time (Filing No. 18 ) is granted. Petitione r's response to the summary judgment motion is due May 25, 2015. Respondent's Objection (Filing No. 20 ) to Petitioner's Motion to Appoint Counsel is sustained. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HAROLD B. WILSON,
This matter is before the court on Petitioner Harold Wilson’s Motion for
Appointment of Counsel (Filing No. 16) and Motion for Enlargement of Time (Filing
“[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.”
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 there is no need
for the appointment of counsel at this time. The court will, however, grant Petitioner
an extension of time in which to respond to Respondent’s summary judgment motion.
IT IS THEREFORE ORDERED that:
Petitioner’s Motion to Appoint Counsel (Filing No. 16) is denied without
prejudice to reassertion.
Petitioner’s Motion for Enlargement of Time (Filing No. 18) is granted.
Petitioner’s response to the summary judgment motion is due May 25, 2015.
Respondent’s Objection (Filing No. 20) to Petitioner’s Motion to
Appoint Counsel is sustained.
DATED this 2nd day of March, 2015.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge
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