Smith v. Howerton

Filing 14

ORDER denying 11 Motion to Appoint Counsel ; denying 12 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Susan K Lee on 11/18/13. (mailed to George Smith) (GRE, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
GEORGE ARTHUR SMITH,
also known as “Lee,”
Plaintiff,
v.
TONY HOWERTON, Warden,
Defendant.

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2:12-cv-399-CLC-SKL

ORDER
This pro se prisoner’s petition for a federal writ of habeas corpus under 28 U.S.C. § 2254 is
before the Court upon two motions, the first of which is Plaintiff’s motion to appoint counsel to
assist him in this matter [Doc. 11]. Though the constitutional right to counsel in criminal
prosecutions does not apply to habeas corpus cases, Barker v. Ohio, 330 F.2d 594, 594 (6th Cir.
1964), a district court may appoint counsel to represent an indigent litigant. 28 U.S.C. § 1915(e).
The appointment of counsel in a civil case is justified only upon a showing of exceptional
circumstances. Lavado v. Keohane, 992 F.2d 601, 606 (6th Cir. 1993).
Upon careful consideration of the issues and complexity of this case and Plaintiff’s ability
to represent himself, the Court concludes that the appointment of counsel is not warranted under
the particular circumstances presented here. See Mira v. Marshall, 806 F.2d 636 (6th Cir. 1986).
The motion for appointment of counsel is therefore DENIED.
In the second motion before the Court, Plaintiff requests an extension of time to file a reply
to Defendant’s answer to the complaint [Doc. 12]. Plaintiff requested the Court allow him to
submit a reply to Defendant’s answer, and to permit the reply to be filed on or before November
21, 2013. Plaintiff has since filed a reply to Defendant’s answer to the complaint [Doc. 13].

Under Rule 5(e) of the Rules Governing § 2254 Cases, Plaintiff “may submit a reply to the
respondent’s answer or other pleading within a time fixed by the judge.” As Plaintiff has already
filed his reply, the motion for extension is DENIED as moot and Plaintiff’s reply is deemed timely
filed.
SO ORDERED.
ENTER:
s/fâátÇ ^A _xx
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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