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Wells v. Dormire

United States District Court, E.D. Missouri, Eastern Division
Jan 5, 2006
Case No. 4:05CV01420 AGF (E.D. Mo. Jan. 5, 2006)

Opinion

Case No. 4:05CV01420 AGF.

January 5, 2006


MEMORANDUM AND ORDER


This matter is before the Court on Petitioner's motion for appointment of counsel. Petitioner, a Missouri prisoner, filed this action in forma pauperis for federal habeas relief under 28 U.S.C. § 2254. "`[T]here is neither a constitutional nor statutory right to counsel in habeas proceedings; instead, it is committed to the discretion of the trial court.'" Morris v. Dormire, 217 F.3d 556, 558 (8th Cir. 2000) (quoting McCall v. Benson, 114 F.3d 754, 756 (8th Cir. 1997)). In deciding whether to appoint counsel, the district court properly considers "the factual and legal complexity of the case, and the petitioner's ability both to investigate and to articulate his claims without court appointed counsel." Id. Upon review of the file, the Court concludes that the appointment of counsel is not necessary in this case.

Accordingly,

IT IS HEREBY ORDERED that Petitioner's motion for appointment of counsel is DENIED. [Doc. #9]


Summaries of

Wells v. Dormire

United States District Court, E.D. Missouri, Eastern Division
Jan 5, 2006
Case No. 4:05CV01420 AGF (E.D. Mo. Jan. 5, 2006)
Case details for

Wells v. Dormire

Case Details

Full title:RAYMOND WELLS, Petitioner, v. DAVE DORMIRE, Respondent

Court:United States District Court, E.D. Missouri, Eastern Division

Date published: Jan 5, 2006

Citations

Case No. 4:05CV01420 AGF (E.D. Mo. Jan. 5, 2006)