Griffin v. Warden Perry Correctional Institution

Filing 40

ORDER denying the petitioner's 38 Motion to Appoint Counsel and extending the petitioner's time in which to respond to the 25 Motion for Summary Judgment to July 11, 2017. Signed by Magistrate Judge Paige J. Gossett on 6/27/2017. (bgoo)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Terrance Griffin, ) ) Petitioner, ) ) vs. ) ) Warden Perry Correctional Institution, ) ) Respondent. ) _____________________________________ ) C/A No. 0:16-3691-MGL-PJG ORDER Petitioner Terrance Griffin, a self-represented state prisoner, filed this habeas action pursuant to 28 U.S.C. § 2254. This matter is before the court on petitioner’s motion for appointment of counsel. (ECF No. 38.) 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. 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. Petitioner’s time in which to respond to the respondent’s motion for summary judgment (ECF No. 25) is hereby extended to July 11, 2017. Failure to comply may result in dismissal of the Page 1 of 2 Petition for failure to prosecute. Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed. R. Civ. P. 41(b). IT IS SO ORDERED. ____________________________________ Paige J. Gossett UNITED STATES MAGISTRATE JUDGE June 27, 2017 Columbia, South Carolina Page 2 of 2

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