Johnson v. Williams

Filing 22

ORDER denying Petitioner's 19 MOTION to Appoint Counsel. Signed by Magistrate Judge Paige J. Gossett on 5/2/2018. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
James Edward Johnson, Jr.,

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Petitioner,
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vs.
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Charles Williams, Warden,
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Respondent.
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_____________________________________ )

C/A No. 0:18-673-BHH-PJG

ORDER

Petitioner James Edward Johnson, Jr., 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. 19.)
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.
IT IS SO ORDERED.

May 2, 2018
Columbia, South Carolina

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE

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