Opinion
Civil Case Number 20-12281 Criminal Case Number 17-20808
08-31-2020
KEVIN SCOTT DOUGLAS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER DENYING PETITIONER'S MOTIONS TO APPOINT COUNSEL AND FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND DIRECTING GOVERNMENT TO RESPOND
On August 11, 2020, the petitioner filed a motion to vacate his convictions and sentences for conspiracy to produce child pornography. The Court has reviewed the petition and finds that it warrants a response. The petitioner also filed a request to appoint counsel and a motion for leave to proceed in forma pauperis.
The motion to proceed in forma pauperis will be denied as moot because the Court already previously determined that the defendant was indigent, and the Court presumes that his financial circumstances have not been improved by his incarceration.
The request to appoint counsel will be denied because the Court is not persuaded that it should grant that discretionary relief at this stage of the case. The proceedings on a motion to vacate a petitioner's sentence under 28 U.S.C. § 2255 are civil in nature, and the petitioner has no absolute right to the assistance of counsel. Rauter v. United States, 871 F.2d 693, 695 (7th Cir. 1989); United States v. Sanders, No. 03-154, 2013 WL 5707808, at *2 n.21 (N.D. Ohio Oct. 18, 2013). "'[A]ppointment of counsel in a civil case is . . . a matter within the discretion of the court. It is a privilege not a right.'" Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 1987) (quoting United States v. Madden, 352 F.2d 792, 793 (9th Cir. 1965)). The Court finds that the petitioner has not advanced any persuasive reason for the Court to exercise its discretion to appoint counsel for this post-conviction matter.
Accordingly, it is ORDERED that the petitioner's motion for leave to proceed in forma pauperis (ECF No. 125) is DENIED as moot.
It is further ORDERED that the petitioner's request for appointment of counsel (ECF No. 126) is DENIED.
It is further ORDERED that the government must file a response to the motion to vacate sentence on or before October 12, 2020, and the petitioner's reply in support of his motion, if any, must be filed on or before November 9, 2020.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge Dated: August 31, 2020