Morgan v. Warden
| Jason Lamounte Morgan and Jason L Morgan |
| Ted Hooper and LA Dept of Corrections |
| 2:2022cv06171 |
| December 12, 2022 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing 7
ELECTRONIC ORDER denying #4 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 Judge 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 it determines that an evidentiary hearing is warranted. See Rule 8(c) of the 2554 Rules. Second, the court must appoint counsel if it 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). A Report and Recommendation has been issued recommending petitioners claim be dismissed without prejudice due to lack of jurisdiction. Accordingly, his request for counsel is denied without prejudice to seek counsel at some point in the future should the R&R not be accepted by the district court. Signed by Magistrate Judge Kathleen Kay on 2/8/2023. (jud,Kay, Kathleen)
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Filing 6
ELECTRONIC ORDER. The #5 Objection to Report and Recommendations filed on behalf of Jason Lamounte Morgan to the #3 REPORT AND RECOMMENDATIONS is to be STRICKEN from the record. The objection was filed on behalf of the plaintiff by an individual who does not indicate that she is authorized to practice law. So that plaintiff may correct this deficiency, the Deadline to Object to the #3 REPORT AND RECOMMENDATIONS is extended to 3/1/2023. Signed by Magistrate Judge Kathleen Kay on 2/8/2023. (jud,Kay, Kathleen) Modified on 2/8/2023 to edit text (Jones, P).
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| Filing 5 *STRICKEN* OBJECTION to #3 Report and Recommendations by Jason Lamounte Morgan. Response to Objection to R&R due by 2/17/2023 (Attachments: #1 Envelope)(crt,Haik, K) Modified on 2/9/2023 to indicate that this document is stricken. See 6 Order. (Enkey, R). |
| Filing 4 MOTION to Appoint Counsel by Jason Lamounte Morgan. Motions referred to Magistrate Judge Kathleen Kay. Motion Ripe Deadline set for 1/27/2023. (Attachments: #1 Envelope)(crt,Taylor, L) |
| Filing 3 REPORT AND RECOMMENDATIONS that the #1 Petition for Writ of Habeas Corpus filed by Jason Lamounte Morgan be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Objections to R&R due by 2/8/2023. Signed by Magistrate Judge Kathleen Kay on 1/25/2023. (crt,Jones, P) |
| Filing 2 PROPOSED MEMORANDUM ORDER Referred to Magistrate Judge Kathleen Kay. Motion Ripe Deadline set for 12/13/2022. (crt,Devillier, W) |
| FILING FEE RECEIVED: on behalf of Jason Lamounte Morgan in the amount of $5.00, receipt number 600000170. (crt,Williams, K) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Jason Lamounte Morgan. (Attachments: #1 Civil cover sheet, #2 Memorandum / Brief, #3 Exhibit, #4 Envelope)(crt,Williams, K) |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Devillier, W) |
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