Jackson v. Bell
| Constantinee L. Jackson |
| M. Kirkpatrick and Earl Bell |
| 9:2018cv01224 |
| October 15, 2018 |
| US District Court for the Northern District of New York |
| David E Peebles |
| Brenda K Sannes |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 15
TEXT ORDER denying plaintiff's #14 Motion for Reconsideration for the reasons outlined in the previous court orders (Dkt. Nos. #10 & 13 ) issued in the action. Authorized by Magistrate Judge David E. Peebles on 12/4/2018. (Copy served upon petitioner via regular mail)(sal)
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| Filing 14 MOTION for Reconsideration Docket No. 13 Text Order on Motion to Appoint Counsel filed by Constantinee L. Jackson. (rar) |
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Filing 13
TEXT ORDER : Presently before the court is petitioner's #12 motion for appointment of counsel in the instant habeas corpus proceeding. There is no constitutional right to representation by counsel in habeas corpus proceedings. Green v. Abrams, 984 F.2d 41, 47 (2d Cir.1993) (citing United States ex rel. Wissenfeld v. Wilkins, 281 F.2d 707, 715 (2d Cir.1960)); see also De la Cruz v. Warden, Clinton Correctional Facility, No. 97 CIV. 3307, 1998 WL 901724, *1 (S.D.N.Y. Dec. 28, 1998). However, a court may, in its discretion, appoint counsel where "... the interests of justice so require." 18 U.S.C. 3006A(a)(2)(B). In determining whether to exercise such discretion, a court should consider "the petitioner's likelihood of success on the merits, the complexity of legal issues raised by the petition, and the petitioner's ability to investigate and present the case." De Los Rios v. United States, 1994 WL 502635, *6 (S.D.N.Y. Sept. 14, 1994). Such discretion should also be exercised when an evidentiary hearing is necessary in order to resolve the issues raised in the habeas petition. See Rule 8(c), Rules Governing 2254 cases; Green v. Berry, No. 90-Civ-2441, 1991 WL 4690 (S.D.N.Y. Jan. 11, 1991). Where an evidentiary hearing is unnecessary, the question of whether to appoint counsel to represent a pro se habeas petitioner rests in the court's sound discretion, U.S. ex rel. Cadogan v. LaVallee, 502 F.2d 824, 826 (2d Cir. 1974) (citation omitted), and such application should ordinarily be denied. Adams v. Greiner, No. 97-CIV.-3180, 1997 WL 266984 (S.D.N.Y. May 20, 1997) (where "case may fairly be heard on written submissions, the appointment of counsel is not warranted"); De la Cruz, 1998 WL 901724 at *1 (citations omitted). The court has reviewed the entire file in this matter and finds that appointment of counsel on behalf of the petitioner herein is, at the present time, unwarranted. It is therefore hereby ORDERED, that petitioner's motion for appointment of counsel (Dkt. No. #12 ) be denied without prejudice to renew in the event the court finds that an evidentiary hearing is necessary in this matter. Authorized by Magistrate Judge David E. Peebles on 11/20/2018. (Copy served upon petitioner via regular mail). (sal )
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| Filing 12 MOTION to Appoint Counsel filed by Constantinee L. Jackson. (nas, ) |
| Filing 11 Reply to Order by Constantinee L. Jackson. (Attachments: #1 envelope)(nas, ) |
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Filing 10
DECISION AND ORDER: ORDERED that the Clerk terminate the named respondent and substitute the proper superintendent as the respondent in this matter. ORDERED that petitioner's IFP application (Dkt. No. #7 ) is DENIED as moot. ORDERED that the petitioner's request for appointment of counsel (Dkt. No. #2 ) is DENIED WITHOUT PREJUDICE. ORDERED that the Clerk serve copies of this Decision and Order, the petition, and attachments upon respondent and the Attorney General of the State of New York in accordance with Local Rule 72.4(e). ORDERED that the respondent shall file and serve an answer to the petition, and provide the Court with the relevant records, within ninety (90) days of the date of this Decision and Order. ORDERED that petitioner may, but is not required to, file a reply within thirty (30) days of the filing date of respondent's answer. Signed by Magistrate Judge David E. Peebles on 10/24/18. [response due by Earl Bell served on 10/24/2018, answer due 1/22/2019]. (Attachments: #1 petition){served as directed}(nas, )
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| Filing 9 Case transferred in from District of New York Western; Case Number 1:17-cv-01231. electronically transferred when case opened |
| Remark: Copy of #8 Order mailed to Petitioner. (NRE) [Transferred from New York Western on 10/15/2018.] |
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Filing 8
ORDER transferring case to the United States District Court for the Northern District of New York. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 9/20/2018. (NRE) (Received for docketing on 9/20/18.) [Transferred from New York Western on 10/15/2018.]
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Constantinee L. Jackson.(NRE) [Transferred from New York Western on 10/15/2018.] |
| Filing fee received: $5.00, receipt number BUF061294. (NRE) Modified on 9/7/2018 to correct filing date (NRE). [Transferred from New York Western on 10/15/2018.] |
| Remark: Copy of #6 Order mailed to Petitioner with blank in forma pauperis motion form. (NRE) [Transferred from New York Western on 10/15/2018.] |
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Filing 6
ORDER. The petitioner has until September 13, 2018, to either (1) pay the filing fee ($5.00) or (2) submit a motion to proceed in forma pauperis that includes a completed and signed prison certification section. If the petitioner fails to comply with this deadline, this case will be dismissed without prejudice without further order of the Court. To assist the petitioner, the Clerk of Court shall send to the petitioner a blank in forma pauperis motion.SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 8/13/2018. (APG)-CLERK TO FOLLOW UP- [Transferred from New York Western on 10/15/2018.]
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| Filing 5 REPLY/RESPONSE to #3 Order, filed by Constantinee L. Jackson. (KLH) [Transferred from New York Western on 10/15/2018.] |
| Filing 4 JUDGMENT in favor of M. Kirkpatrick against Constantinee L. Jackson. Signed by Mary C. Loewenguth, Clerk of Court on 2/26/2018. (Copy mailed to Plaintiff.) (NRE) [Transferred from New York Western on 10/15/2018.] |
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Filing 3
ORDER that the case shall be administratively terminated; plaintiff shall notify the Court in writing no later than thirty (30) days from the date of this order if he wishes to reopen the action and shall include either a motion to proceed in forma pauperis that includes a completed and signed prison certification section or the $5.00 filing fee; upon receipt of either the motion or filing fee; the Clerk of Court shall re-open the case. Signed by Hon. Lawrence J. Vilardo on 2/22/2018. (Copy mailed to Plaintiff along with blank IFP form.) (NRE) [Transferred from New York Western on 10/15/2018.]
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| Filing 2 MOTION to Appoint Counsel by Constantinee L. Jackson.(NRE) [Transferred from New York Western on 10/15/2018.] |
| Remark: Pro Se Packet including the Privacy Notice, Consent to Proceed Before A Magistrate Judge, and a Civil Case Timeline has been mailed to pro se Petitioner. (NRE) [Transferred from New York Western on 10/15/2018.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Constantinee L. Jackson.(NRE) (Additional attachment(s) added on 11/29/2017: #1 Civil Cover Sheet) (NRE). [Transferred from New York Western on 10/15/2018.] |
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