Hutchinson v. NH State Prison, Warden

Filing 10

ORDER denying 6 Motion to Appoint Counsel. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Walter Hutchinson, Jr.
v.

Civil No. 12-cv-376-JL

Warden, New Hampshire State Prison
O R D E R
Before the court is Walter Hutchinson’s motion to appoint
counsel (doc. no. 6) in his pending habeas action in this court.
Respondent has not objected.

Hutchinson seeks court-appointed

counsel on the grounds that he is indigent.
“‘[T]here is no constitutional right to representation by
counsel in habeas corpus proceedings,’ and [the CJA] 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).

In civil cases, indigent plaintiffs are not entitled

to counsel, unless they show that there are extraordinary
circumstances, such that a denial of counsel is likely to result
in fundamental unfairness.
(1st Cir. 1991).

DesRosiers v. Moran, 949 F.2d 15, 24

The rules governing federal habeas proceedings

similarly do not require counsel’s appointment for indigent
petitioners unless the court finds that an evidentiary hearing

is warranted.

See Rules Governing Section 2254 Cases in the

United States District Court, R. 8(c).
As to the interests of justice and fundamental fairness,
the court notes that Hutchinson’s filings in this matter have
been cogent and clear.

Hutchinson has demonstrated an ability

to assert meaningful arguments in writing, and to cite pertinent
facts and authority to support his contentions.
No hearing is presently scheduled or anticipated in the
near future.

Therefore, the interests of justice and

fundamental fairness do not require appointment of counsel at
this time.

Accordingly, the court denies the motion to appoint

counsel (doc. no. 6), without prejudice to refiling if a hearing
is scheduled in this case, or if Hutchinson can otherwise show
that his circumstances warrant such an appointment.
SO ORDERED.
__________________________
Landya McCafferty
United States Magistrate Judge
August 7, 2013
cc:

Walter Hutchinson, Jr., pro se
Elizabeth C. Woodcock, Esq.

LBM:jba

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