Longgrear v. Myers
| Mark Longgrear |
| Rodney Myers |
| 2:2022cv05193 |
| September 2, 2022 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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| Document Text |
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Filing 5
ELECTRONIC ORDER RE 1 Motion to Appoint Counsel. There is no Constitutional right to appointed counsel in a federal collateral proceeding. E.g., Wright v. West, 505 U.S. 277, 293 (1992); Pennsylvania v. Finley, 481 U.S. 551, 555 (1987). Rather, the court may provide counsel for a financially eligible person seeking habeas corpus relief if either the Magistrate or District Judge determines that the interests of justice so require. 18 U.S.C. 3006A(a)(2)(B). The Rules Governing Section 2254 Cases in the United States District Courts (hereafter, the 2254 Rules), which are also applicable to federal claims brought under Section 2241, [see Rule 1(b) of the 2254 Rules], provide that the court must appoint counsel in only two circumstances. First, the court must appoint counsel if the court determines that an evidentiary hearing is warranted. See Rule 8(c) of the 2554 Rules. Second, the court must appoint counsel if the court determines that counsel is necessary for effective discovery. See Rule 6(a) of the 2254 Rules. In all other circumstances, the decision of whether to appoint counsel in a habeas case rests in the sound discretion of the trial court. See, e.g., Bess v. Cain, 2012 WL 3903500 at *1 (W.D. La. 2012) (citing United States v. Vasquez, 7 F.3d 81, 84 (5th Cir. 1993)). In exercising this discretion, the court should consider both the legal and factual complexity of the case along with petitioner's ability to prepare and present his claim. E.g., Miller v. Louisiana, 2011 WL 6300559 at *4 (W.D. La. 2011) (citing Santana v. Chandler, 961 F.2d. 514, 516 (5th Cir. 1992); Abdullah v. Norris, 18 F.3d 571, 573 (8th Cir. 1994). Here, because petitioners writ application is under initial review, the decision on whether to convene an evidentiary hearing has not yet been made, nor has discovery begun. Therefore, the decision on whether to appoint counsel is within the courts discretion. The undersigned finds that at this time petitioner has failed to demonstrate that his claims are so legally or factually complex that he is unable to adequately investigate and present his case. Accordingly, petitioners motion to appoint counsel is DENIED. Should the court after initial review determine that an evidentiary hearing is warranted or that counsel is necessary for effective discovery, then the court will revisit the issue.. Signed by Magistrate Judge Kathleen Kay on 10/28/2022. (jud,Kay, Kathleen)
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| FILING FEE RECEIVED: on behalf of Mark Longgrear in the amount of $5.00, receipt number 500000178. (crt,Lemoine, N) |
| Filing 4 FIRST ADDENDUM to Second Petition for Relief by Mark Longgrear re 1 Petition for Writ of Habeas Corpus. (Attachments: #1 Exhibits, #2 Envelope)(crt,Haik, K) |
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Filing 3
MEMORANDUM ORDER: Plaintiff failed to submit filing fee or a completed IFP application. (Pro Se Deadline to comply with deficiency set for 10/20/2022). Signed by Magistrate Judge Kathleen Kay on 9/20/2022. (Attachments: #1 In Forma Pauperis form)(crt,Devillier, W)
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| Filing 2 PROPOSED MEMORANDUM ORDER Referred to Magistrate Judge Kathleen Kay. Motion Ripe Deadline set for 9/16/2022. (crt,Devillier, W) |
| Filing 1 MOTION to Appoint Counsel by Mark Longgrear. ADMINISTRATIVE ENTRY to capture motion relief requested within pdf of Doc 1 Petition (see Doc 1-1 page 6). Motion Ripe Deadline set for 9/2/2022. (crt,Devillier, W) Modified to assign document number on 9/15/2022 (Devillier, W). |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. Motions referred to Magistrate Judge Kathleen Kay. (crt,Devillier, W) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Mark Longgrear. (Attachments: #1 Memorandum/brief, #2 Envelope)(crt,Jones, P) Modified to correctly identify attachment on 9/15/2022 (Devillier, W). (Additional attachment(s) added on 9/15/2022: #3 Civil cover sheet) (Jones, P). |
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| Plaintiff: Mark Longgrear | |
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| Defendant: Rodney Myers | |
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