Elawyers Elawyers
Washington| Change

Kobermann v. Griffith, 4:19-CV-3083 DDN. (2019)

Court: District Court, E.D. Missouri Number: infdco20191217749 Visitors: 5
Filed: Dec. 04, 2019
Latest Update: Dec. 04, 2019
Summary: MEMORANDUM AND ORDER DAVID D. NOCE , Magistrate Judge . This matter is before the Court upon the motion of pro se petitioner James Kobermann, Sr. for appointment of counsel in this action brought under 28 U.S.C. 2254. ECF No. 5. Habeas proceedings are civil in nature and therefore, a habeas petitioner does not have a Sixth Amendment right to counsel. See Hilton v. Braunskill, 481 U.S. 770 , 776 (1987); Hoggard v. Purkett, 29 F.3d 469 , 471 (8th Cir. 1994). Instead, in a habeas pr
More

MEMORANDUM AND ORDER

This matter is before the Court upon the motion of pro se petitioner James Kobermann, Sr. for appointment of counsel in this action brought under 28 U.S.C. § 2254. ECF No. 5. Habeas proceedings are civil in nature and therefore, a habeas petitioner does not have a Sixth Amendment right to counsel. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). Instead, in a habeas proceeding pursued by a prisoner challenging state custody not involving a capital sentence, such as this case, 18 U.S.C. § 3006A governs the appointment of counsel for a petitioner who is "financially unable to afford counsel." 28 U.S.C. § 2254(h). Under § 3006A, a court may appoint an attorney to represent a "financially eligible" § 2254 petitioner if "the interests of justice so require." 18 U.S.C. § 3006A(a)(2)(B). In this case, petitioner states in his motion for appointment of counsel that he has "no schooling" and cannot read or write. ECF No. 5 at 1. As a result, the Court finds that the interests of justice require the appointment of counsel here. See Abdullah v. Norris, 18 F.3d 571, 573 (8th Cir. 1994) (discussing the habeas court's discretion to appoint counsel).

Accordingly,

IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 5] is GRANTED.

IT IS FURTHER ORDERED that the Office of the Federal Public Defender, for the Eastern District of Missouri, is appointed to represent petitioner JAMES KOBERMANN, SR., in this matter.

IT IS FURTHER ORDERED that the Clerk of Court is directed to forward a copy of the case file for this matter to the Office of the Federal Public Defender, for the Eastern District of Missouri.

IT IS FINALLY ORDERED that appointed counsel shall file an amended petition in this matter within forty-five (45) days of receipt of a copy of the Court file.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer