Clayborne v. State of Nebraska
Filing
11
MEMORANDUM AND ORDER denying without prejudice to reassertion 10 Motion to Appoint Counsel. 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
ROBERT E. CLAYBORNE JR.,
Petitioner,
V.
STATE OF NEBRASKA,
Respondent.
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8:15CV378
MEMORANDUM AND ORDER
This matter is before the court on Petitioner’s Motion to Appoint Counsel
(Filing No. 10). “[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. 10) is denied without prejudice to reassertion.
DATED this 9th day of March, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
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