Reyes v. Stephens
OPINION AND ORDER denying without prejudice 17 Motion to Appoint Counsel.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(lcayce, 2)
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
December 30, 2015
David J. Bradley, Clerk
§ CIVIL ACTION NO. 2:15-CV-454
OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL
Petitioner filed this § 2254 petition on October 30, 2015 (D.E. 1). Because of an
error imaging the petition, the time for Respondent to file a responsive pleading and
dispositive motion has been extended to February 1, 2016. Pending is Petitioner's motion
for appointment of counsel (D.E. 17).
There is no constitutional right to counsel in federal habeas proceedings. Johnson
v. Hargett, 978 F.2d 855 (5th Cir. 1992). Rule 8 of the Rules Governing § 2254 Cases
requires that counsel be appointed if the habeas petition raises issues which mandate an
evidentiary hearing. At this point there are no issues which mandate an evidentiary
hearing, and the motion for appointment of counsel is premature.
An evidentiary hearing will be scheduled and counsel will be assigned sua sponte
if there are issues which mandate a hearing. Moreover, counsel may be assigned if
discovery is ordered and issues necessitating the assignment of counsel are evident. Rule
6(a) of the Rules Governing § 2254 Cases; Thomas v. Scott, 47 F.3d 713, 715 n. 1 (5th
Accordingly, petitioner's motion for appointment of counsel (D.E. 17) is denied
ORDERED this 30th day of December, 2015.
B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE
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