Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bear v. Daugaard

United States District Court, D. South Dakota, Western Division

October 2, 2018

EUGENE T. HOLLOW HORN BEAR, Petitioner,
v.
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

         INTRODUCTION

         This 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.

         DISCUSSION

         This habeas corpus matter is pending pursuant to 28 U.S.C. § 2254. See Docket No. 1.[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.

         The 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 title 28
Rule 6(a):
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.
Rule 8(c):
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. ยง 3006A . . . These rules do not limit the appointment of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.