U.S. v. Hatley, 4:15-cr-40089-JPG-1. (2019)
Court: District Court, S.D. Illinois
Number: infdco20190328b80
Visitors: 9
Filed: Mar. 27, 2019
Latest Update: Mar. 27, 2019
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . Defendant Joseph S. Hatley has filed a motion pro se asking this Court to appoint him counsel in his habeas proceeding. (ECF No. 199.) The problem for Hatley, however, is that he has never initiated any sort of post-conviction proceeding. Although 18 U.S.C. 3006A(a)(2)(B) and Rule 6 of the Rules Governing Section 2255 Proceedings for the United States Courts permit this Court to appoint Hatley counsel during a 28 U.S.C. 2255 pro
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . Defendant Joseph S. Hatley has filed a motion pro se asking this Court to appoint him counsel in his habeas proceeding. (ECF No. 199.) The problem for Hatley, however, is that he has never initiated any sort of post-conviction proceeding. Although 18 U.S.C. 3006A(a)(2)(B) and Rule 6 of the Rules Governing Section 2255 Proceedings for the United States Courts permit this Court to appoint Hatley counsel during a 28 U.S.C. 2255 proc..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
Defendant Joseph S. Hatley has filed a motion pro se asking this Court to appoint him counsel in his habeas proceeding. (ECF No. 199.) The problem for Hatley, however, is that he has never initiated any sort of post-conviction proceeding. Although 18 U.S.C. § 3006A(a)(2)(B) and Rule 6 of the Rules Governing Section 2255 Proceedings for the United States Courts permit this Court to appoint Hatley counsel during a 28 U.S.C. § 2255 proceeding, those rules presume that the proceeding has already begun. But here, since the proceeding at-issue is merely speculative, the Court must DENY Hatley's motion for appointment of counsel. (ECF No. 199.)
IT IS SO ORDERED.
Source: Leagle
