Verenbec v. Northern NH Correctional Facility, Warden

Filing 17

ORDER denying without prejudice as outlined 13 Motion to Appoint Counsel. So Ordered by Magistrate Judge Landya B. McCafferty.(dae)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Joel G. Verenbec
v.

Civil No. 11-cv-161-JL

Edward Reilly, Warden,
Northern New Hampshire
Correctional Facility
O R D E R
Before the court is petitioner Joel Verenbec’s motion for
appointment of counsel (doc. no. 13).

“‘[T]here is no

constitutional right to representation by counsel in habeas
corpus proceedings,’ and [the Criminal Justice Act, 18 U.S.C.]
§ 3006A(a)(2) only requires appointment of counsel for a
financially eligible person if ‘the interests of justice so
require.’”

United States v. Yousef, 395 F.3d 76, 77 (2d Cir.

2005) (per curiam) (citation omitted); cf. DesRosiers v. Moran,
949 F.2d 15, 24 (1st Cir. 1991) (district court has discretion
to deny motion to appoint counsel filed by indigent civil
litigant unless counsel’s appointment is necessary to avoid
fundamental unfairness).

The rules governing federal habeas

proceedings do not require counsel’s appointment, unless an
evidentiary hearing is warranted.

See Rule 8(c) of the Rules

Governing Section 2254 Cases in the United States District
Courts.

Verenbec cites his indigency, high school education and
lack of legal training, limited access to updated legal research
materials, and the “complex legal issues” in his case as reasons
for granting the motion.

Verenbec’s situation, however,

presents no exceptional circumstance warranting an appointment
of counsel.

He has demonstrated an ability to analyze legal and

factual issues clearly, critically, and persuasively in the
documents he has filed in this court.
has been scheduled.

No evidentiary hearing

The interests of justice do not require

appointment of counsel to assist Verenbec in his § 2254
petition.
Conclusion
The court denies the motion for an appointment of counsel
(doc. no. 13), without prejudice to Verenbec refiling the motion
if an evidentiary hearing is scheduled, or if he otherwise shows
that the interests of justice and/or fundamental fairness
warrant counsel’s appointment.
SO ORDERED.
__________________________
Landya McCafferty
United States Magistrate Judge
June 10, 2013
cc:

Joel Verenbec, pro se

LBM:nmd

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