Miller v. Hepp

Filing 21

ORDER signed by Judge Lynn Adelman on 6/4/16 denying 18 Motion to Appoint Counsel; denying 20 Motion for Reconsideration for appointment of counsel. (cc: all counsel, via USPS to petitioner) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________
JOHN J. MILLER,
Petitioner,
v.

Case No. 15-cv-0166

RANDALL HEPP, Warden,
Fox Lake Correctional Institution,
Respondent.
______________________________________________________________________
ORDER
Pro se petitioner John Miller has filed a petition for a writ of habeas corpus under
28 U.S.C. § 2254. On April 8, 2015, I denied petitioner’s first motion to recruit counsel,
concluding that petitioner’s claims appear to be straightforward and that petitioner
appears capable of litigating himself. On May 15, 2015, I denied petitioner’s second
motion to recruit counsel for the same reasons, concluding that the posture of the case
had not changed. I also extended petitioner’s deadline by which to file a brief in support
of his petition. Petitioner filed his brief on June 10, respondent filed a brief in opposition
on August 26, and petitioner filed his reply brief on September 17. Briefing on the
petition is now closed.
On February 18 and April 15, 2016, petitioner again filed motions requesting
counsel, stating that he recently had several family members pass away and that he
has been having health problems. However, at this stage in the case, there is nothing
more to be done. Briefing on the petition is now closed, and the case is awaiting my
decision. Thus, counsel at this stage would not aid petitioner in any meaningful way.

THEREFORE, IT IS ORDERED that petitioner’s motion to appoint counsel (ECF
No. 18) is DENIED.
IT IS FURTHER ORDERED that petitioner’s motion for reconsideration for
appointment of counsel (ECF No. 20) is DENIED.
Dated at Milwaukee, Wisconsin, this 4th day of June, 2016.
s/ Lynn Adelman
__________________________
LYNN ADELMAN
District Judge

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