Opinion
Case No. 2:04 CV 1077 TC.
December 7, 2004
ORDER
The Court has received Petitioner Frances Elizabeth Humphrey's Motion for Appointment of Counsel filed December 2, 2004.
Petitioner has no constitutional right to appointed counsel to pursue a motion under 28 U.S.C. § 2255 (West Supp. 2000). United States v. Lewis, No. 97-3135-SAC, 91-10047-SAC, 1998 U.S. Dist. LEXIS 21998, at *8 (D. Kan. December 9, 1998); accord Oliver v. United States, 961 F.2d 1339, 1343 (7th Cir. 1992). Moreover, because no evidentiary hearing is required here, Petitioner has no statutory right to counsel. See Rule 8(c), R. Governing § 2255 Cases in U.S. Dist. Courts. However, the Court may in its discretion appoint counsel when "the interests of justice so require" for a "financially eligible person" bringing a § 2255 motion. See 18 U.S.C.A. § 3006A(a) (2) (B) (West 2000).
The Court has reviewed the pleadings in this case and determines that justice does not require appointed counsel at this time. First, it is yet unclear that Petitioner has asserted any colorable claims. See Lewis, 1998 U.S. Dist. LEXIS 21998, at *9; see also Oliver, 961 F.2d at 1343. Second, Petitioner has shown "the ability to investigate the facts necessary for his issues and to articulate them in a meaningful fashion." Lewis, 1998 U.S. Dist. LEXIS 21998, at *9; accord Oliver, 961 F.2d at 1343. Finally, the issues in this case appear "straightforward and not so complex as to require counsel's assistance." Lewis, 1998 U.S. Dist. LEXIS 21998, at *9; accord Oliver, 961 F.2d at 1343.
IT IS THEREFORE ORDERED that Petitioner's Motion for Appointment of counsel is denied.