McCormick v. McFadden

Filing 36

ORDER denying 33 MOTION to Appoint Counsel filed by Charles W McCormick. Petitioner's Motion to Supplement the record due by 4/1/2015. Signed by Magistrate Judge Paige J Gossett on 3/17/2015. (gmil)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Charles W. McCormick,

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Petitioner,
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vs.
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Warden McFadden,
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Respondent.
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_____________________________________ )

C/A No. 0:14-3176-RBH-PJG

ORDER

Petitioner Charles W. McCormick, a self-represented state prisoner, filed this habeas action
pursuant to 28 U.S.C. § 2254. This matter is before the court on a motion filed by the petitioner
seeking appointment of counsel. (ECF No. 33.) The Petitioner’s motion appears to be largely based
on his desire for assistance in obtaining a copy or a transcript of a digital recording that was played
at his trial during defense counsel’s cross-examination of a witness that the Petitioner believes is
important to his case.
There is no right to appointed counsel in habeas cases. See Pennsylvania v. Finley, 481 U.S.
551, 555 (1987); Hunt v. Nuth, 57 F.3d 1327, 1340 (4th Cir. 1995). Attorneys may be appointed for
a person “seeking relief under section 2241, 2254, or 2255 of title 28” when “the court determines
that the interests of justice so require.” 18 U.S.C. § 3006A(a)(2)(B). Counsel may be appointed
when counsel is necessary for effective discovery and must be appointed when evidentiary hearings
are required. See Rules Governing § 2254 Cases, Rules 6(a) & 8(c), 28 U.S.C. foll. § 2254. At this
time, no evidentiary hearing has been set in this case and the questions presented are not so complex
as to require an attorney to effectively argue them for the Petitioner.

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Accordingly, the Petitioner’s request for counsel to be appointed under the Criminal Justice
Act, 18 U.S.C. § 3006A(a)(2)(B), is denied. However, the Petitioner may file a motion to
supplement the record on or before April 1, 2015 if he believes the record in the instant habeas
corpus case is incomplete.
IT IS SO ORDERED.

March 17, 2015
Columbia, South Carolina

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE

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