Kobermann v. Griffith

Full title: JAMES KOBERMANN, SR., Petitioner, v. CINDY GRIFFITH, Respondent.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Date published: Dec 4, 2019

No. 4:19-CV-3083 DDN (E.D. Mo. Dec. 4, 2019)

Opinion

No. 4:19-CV-3083 DDN

12-04-2019

JAMES KOBERMANN, SR., Petitioner, v. CINDY GRIFFITH, Respondent.

DAVID D. NOCE UNITED STATES MAGISTRATE JUDGE

MEMORANDUM AND ORDER

This matter is before the Court upon the motion of pro se petitioner James Kobermann, Sr. for appointment of counsel in this action brought under 28 U.S.C. § 2254. ECF No. 5. Habeas proceedings are civil in nature and therefore, a habeas petitioner does not have a Sixth Amendment right to counsel. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). Instead, in a habeas proceeding pursued by a prisoner challenging state custody not involving a capital sentence, such as this case, 18 U.S.C. § 3006A governs the appointment of counsel for a petitioner who is "financially unable to afford counsel." 28 U.S.C. § 2254(h). Under § 3006A, a court may appoint an attorney to represent a "financially eligible" § 2254 petitioner if "the interests of justice so require." 18 U.S.C. § 3006A(a)(2)(B). In this case, petitioner states in his motion for appointment of counsel that he has "no schooling" and cannot read or write. ECF No. 5 at 1. As a result, the Court finds that the interests of justice require the appointment of counsel here. See Abdullah v. Norris, 18 F.3d 571, 573 (8th Cir. 1994) (discussing the habeas court's discretion to appoint counsel).

Accordingly,

IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 5] is GRANTED.

IT IS FURTHER ORDERED that the Office of the Federal Public Defender, for the Eastern District of Missouri, is appointed to represent petitioner JAMES KOBERMANN, SR., in this matter.

IT IS FURTHER ORDERED that the Clerk of Court is directed to forward a copy of the case file for this matter to the Office of the Federal Public Defender, for the Eastern District of Missouri.

IT IS FINALLY ORDERED that appointed counsel shall file an amended petition in this matter within forty-five (45) days of receipt of a copy of the Court file.

Dated this 4th day of December, 2019.

/s/_________

DAVID D. NOCE

UNITED STATES MAGISTRATE JUDGE