Neal v. The State of Nebraska et al
MEMORANDUM AND ORDER that Petitioner's Motion to Appoint Counsel 3 is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THE STATE OF NEBRASKA,
MICHAEL KENNY, and DIANE
This matter is before the court on Petitioner’s Motion to Appoint Counsel (Filing No.
3). “[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.
IT IS THEREFORE ORDERED that: Petitioner’s Motion to Appoint Counsel
(Filing No. 3) is denied without prejudice to reassertion.
DATED this 2nd day of March, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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