Prouty v. Boughton

Filing 12

ORDER signed by Judge Lynn Adelman on 8/5/11 denying petitioners renewed motion to appoint counsel. (cc: all counsel, via USPS to petitioner)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

SCOTT PROUTY,
Petitioner,
v.

Case No. 11-C-0645

GARY BOUGHTON, Warden,
Prairie du Chien Correctional Institution,
Respondent.

ORDER
On July 6, 2011, Scott Prouty filed this petition pursuant to 28 U.S.C. § 2254,
asserting that his state court conviction and sentence were imposed in violation of the
Constitution. He has requested that I appoint pro bono counsel to represent him. In a prior
order, I found that petitioner had not shown that he had made reasonable attempts to
secure counsel on his own.

Petitioner has since demonstrated that he has made

reasonable attempts to secure counsel and that those attempts have been unsuccessful.
I therefore turn to the question of whether, given the difficulty of the case, Prouty appears
competent to litigate it himself. Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (en banc).
Prouty has a bachelor’s degree in biology from the University of Wisconsin, and to
this point his filings have demonstrated that he has the ability to understand legal principles
and develop legal arguments. The legal issues in this case appear to be no more difficult
than the issues presented in a typical habeas case. Although habeas issues are never
easy, pro se inmates routinely effectively litigate their habeas claims in this court. To be
sure, a lawyer would likely do a better job than Prouty will be able to, but that is not a

reason to appoint counsel in a civil case. Pruitt, 503 F.3d at 655. Accordingly, Prouty’s
renewed motion for appointed counsel will be denied.
For the reasons stated, IT IS ORDERED that petitioner’s renewed motion to appoint
counsel is DENIED.
Dated at Milwaukee, Wisconsin, this 5th day of August 2011.

/s__________________________________
LYNN ADELMAN
District Judge

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