Smith Pitterson v. United States of America

Filing 12

MEMO ENDORSEMENT denying 6 Motion to Appoint Counsel. ENDORSEMENT: Request DENIED. A petitioner in a habeas proceeding has no constitutional right to counsel. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987). A district court may appoint counsel for a financially eligible person if "the interests of justice so require." 18 U.S.C. § 3006A(a (2)(B). Having reviewed the record, including the opposition memorandum filed by the United States of America ("USA") (ECF No. 11 ), the Court finds that the interests of justice do not warrant an appointment of counsel to advance Petitioner's Section 2255 motion. Thus, the Court denies Petitioner's request for appointment of counsel. No later than December 31, 2022, Petitioner may reply to the USA's opposition memorandum. If Petitioner fails to reply, I shall base my recommendation upon the existing record. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 11/18/2022) (kv)

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