Helfferich v. Jablonski et al
Filing
12
ORDER by Magistrate Judge Gregory B. Wormuth denying 7 Motion for Order, 8 Motion to Appoint Counsel, and 11 Motion for Findings of Fact and Conclusions of Law. (bni)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JA’WAYNE HELFFERICH,
Petitioner,
v.
Civ. No. 18‐33 WJ/GBW
DAVID JABLONSKI, et al.,
Respondents.
ORDER ON PENDING MOTIONS
THIS MATTER is before the Court on the Motion for Order to Respondents (doc.
7), Motion for Appointment of Counsel (doc. 8) and Motion for Findings of Fact and
Conclusions of Law (doc. 11) filed by Petitioner Ja’Wayne Helfferich. The Court denies
the pending Motions.
1. Motion for Order to Respondents and Motion for Findings and
Conclusions: Because Petitioner is a prisoner proceeding pro se, the Court is obligated
to conduct a preliminary screening of the Petition. See Rule 4 of the Rules Governing
Section 2254 Cases. Rule 4 states:
If it plainly appears from the petition and any attached exhibits that the
petitioner is not entitled to relief in the district court, the judge must
dismiss the petition and direct the clerk to notify the petitioner.
Requests for service of process, discovery, submissions of proof, and findings or
conclusions are premature and unavailable prior to the Court’s completion of its
screening obligation. See Jones v. Bock, 549 U.S. 199, 213‐214 (2007). Petitioner’s Motion
for Order to Respondents (doc. 7) and Motion for Findings of Fact and Conclusions of
Law (doc. 11) will be denied as premature.
If Petitioner’s Petition is not dismissed on initial screening, the Court will enter
further orders governing service of process, discovery, and scheduling. Petitioner
should not send any letters to the Court other than transmittal letters or requests for
information or copies. All mail relating to this case must be directed to the Clerk of the
Court. Petitioner is not to send any mail directly to the assigned District Judge or the
assigned Magistrate Judge.
2. Request for Appointment of Counsel: There is no right to appointment of
counsel in a civil rights case. Instead, the decision whether to request assistance of
counsel rests in the sound discretion of the Court. Beaudry v. Corrections Corp. of
America, 331 F.3d 1164, 1169 (10th Cir. 2003); MacCuish v. United States, 844 F.2d 733, 735
(10th Cir. 1988). In determining whether to appoint counsel, the district court should
consider the merits of the litigantʹs claims, the nature and complexity of the factual and
legal issues, and the litigantʹs ability to investigate the facts and to present his claims.
Hill v. SmithKline Beecham Corp., 393 F.3d 1111, 1115 (10th Cir. 2004). The Court has
reviewed the Petition and subsequent filings in light of the foregoing factors. Petitioner
appears to understand the issues in the case and to be representing himself in an
2
intelligent and capable manner. See Lucero v. Gunter, 52 F.3d 874, 878 (10th Cir. 1995).
Accordingly, the Court will deny the Motion for Appointment of Counsel (doc. 8).
IT IS THEREFORE ORDERED:
(1) Petitioner Ja’Wayne Helfferich’s Motion for Order to Respondents (doc. 7) is
DENIED as premature;
(2) Petitioner Ja’Wayne Helfferich’s Motion for Appointment of Counsel (doc. 8)
is DENIED; and
(3) Petitioner Ja’Wayne Helfferich’s Motion for Findings of Fact and Conclusions
of Law (doc. 11) is DENIED as premature.
GREGORY B. WORMUTH
UNITED STATES MAGISTRATE JUDGE
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?