United States District Court, D. South Dakota, Western Division
EUGENE T. HOLLOW HORN BEAR, Petitioner,
DENNIS DAUGAARD, MARTY JACKLEY, WARDEN BRENT FLUKE, LARA R. ROETZEL, Respondents.
ORDER DENYING PETITIONER'S MOTION FOR APPOINTMENT
OF COUNSEL Docket No. 7
VERONICA L. DUFFY UNITED STATES MAGISTRATE JUDGE
matter is pending pursuant to the pro se habeas
petition filed by petitioner Eugene T. Hollow Horn Bear.
See Docket No. 1. The court has ordered Mr. Hollow
Horn Bear's petition to be served on respondents and
ordered respondents to file a response to that petition, as
well as a response to Mr. Hollow Horn Bear's motion to
amend or correct his petition. See Docket No. 6. Mr.
Hollow Horn Bear now moves this court for appointment of
counsel. See Docket No. 7. This matter has been
referred to this magistrate judge pursuant to 28 U.S.C.
§ 636(b)(1)(A) & (B) and the October 16, 2014,
standing order of the Honorable Jeffrey L. Viken, Chief
United States District Judge.
habeas corpus matter is pending pursuant to 28 U.S.C. §
2254. See Docket No. 1. “There is no
recognized constitutional right under the Sixth Amendment for
the appointment of counsel in habeas corpus cases.”
Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir.
1994). Because a habeas action is civil in nature, the Sixth
Amendment right to counsel applicable in criminal proceedings
does not apply. Id.
statutory basis for the appointment of counsel in a habeas
case is found at 18 U.S.C. § 3006A(a)(2)(B) and Rules
6(a) & 8(c), Rules Governing Section 2255 Cases in United
States District Courts, 28 U.S.C. foll. § 2255. Those
statutes provide in relevant part:
18 U.S.C. § 3006A(a)(2)(B):
(2) Whenever the United States magistrate judge or the court
determines that the interests of justice so require,
representation may be provided for any financially eligible
person who B
(B) is seeking relief under section 2241, 2254, or 2255 of
If necessary for effective discovery, the judge must appoint
an attorney for a petitioner who qualifies to have counsel
appointed under 18 U.S.C. § 3006A.
If an evidentiary hearing is warranted, the judge must
appoint an attorney to represent a petitioner who qualifies
to have counsel appointed under 18 U.S.C. § 3006A . . .
These rules do not limit the appointment of ...