HODGES v. COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE et al
| SUPERINTENDENT LONNIE OLIVER |
| MICHAEL HODGES |
| COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE and PENNSYLVANIA STATE POLICE |
| 1:2022cv00367 |
| December 22, 2022 |
| US District Court for the Western District of Pennsylvania |
| Richard A Lanzillo |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 7
ORDER. Pending before the Court is the Petitioner's motion for appointment of counsel. (ECF No. 3). The motion is denied. Petitioner has no constitutional right to counsel in this habeas proceeding, Pennsylvania v. Finley, 481 U.S. 551, 555 (1987), and, because this is a noncapital case, he has no statutory right to counsel either. It is within the Court's discretion to appoint a financially eligible habeas petitioner counsel if it determines that the interests of justice so require. 28 U.S.C. 2254(h); 18 U.S.C. 3006A(a)(2)(B); Section IV.A.2.b of the Criminal Justice Act Plan of the United States District Court for the Western District of Pennsylvania. Under Rule 6(a) of the Rules Governing Section 2254 Cases in the United States District Courts, the Court must appoint counsel to represent a financially eligible petitioner if it authorizes discovery and determines that appointment is necessary for effective discovery[.] Under Rule 8(c), the Court must appoint counsel to represent a financially eligible petitioner if it determines that an evidentiary hearing is warranted[.]The Court has determined that there are no grounds to support the appointment of counsel at this early stage of the proceedings and therefore, Petitioners motion is DENIED without prejudice. In the event the Court subsequently determines that this case is one in which it should exercise its discretion and appoint Petitioner counsel, or is one in which it must appoint counsel for him, the Court will do so in accordance with its Criminal Justice Act Plan. Signed by Chief Magistrate Judge Richard A. Lanzillo on January 23, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
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Filing 6
Remark: Habeas Petition lodged without Motion for In Forma Pauperis or payment of filing fee (Attachments: #1 Exhibit 1, #2 Letter, #3 Envelope) (jma)
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Filing 5
BRIEF in Support re #3 Motion to Appoint Counsel filed by MICHAEL HODGES. (Attachment: #1 Envelope) (jma)
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Filing 4
SUPPLEMENT in Support of re #1 Motion for Leave to Proceed in forma pauperis by MICHAEL HODGES to (Attachment: #1 Envelope) (jma)
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Filing 3
MOTION to Appoint Counsel by MICHAEL HODGES. (Attachment: #1 Envelope) (jma)
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Filing 2
Prisoner Trust Fund Account Statement by MICHAEL HODGES. (Attachment: #1 Envelope) (jma)
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Filing 1
MOTION for Leave to Proceed in forma pauperis by MICHAEL HODGES. (Attachments: #1 Habeas Petition lodged pending disposition of IFP Motion, #2 Exhibit, #3 Proposed Order, #4 Motion for Appointment of Counsel, #5 Brief in Support of Motion to Appoint Counsel, #6 Envelope) (jma)
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