Peach v. Joslin, No. 2:2010cv00020 - Document 19 (S.D. Tex. 2010)

Court Description: MEMORANDUM OPINION AND ORDER Denying without prejudice 18 Motion for Appointment of Counsel.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(srussell, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION MICHAEL C. PEACH, Petitioner, VS. WARDEN DAN JOSLIN, Respondent. § § § § § § § C.A. NO. C-10-20 MEMORANDUM OPINION AND ORDER DENYING WITHOUT PREJUDICE MOTION FOR APPOINTMENT OF COUNSEL Petitioner is a federal prisoner currently incarcerated at the Three Rivers FCI in Three Rivers, Texas. Proceeding pro se, petitioner filed a petition pursuant to 28 U.S.C. § 2241, challenging his drug conviction under the savings clause of 28 U.S.C. § 2255(e) (D.E. 1). Pending is petitioner s request for appointment of counsel (D.E. 18). There is no constitutional right to counsel in federal habeas proceedings. Johnson v. Hargett, 978 F.2d 855 (5th Cir. 1992). See also United States v. Riggs, 314 F.3d 796, 799 (5th Cir. 2002) (right to appointed counsel does not extend to post-conviction proceedings). Counsel may be appointed in habeas cases when required in the interests of justice. 18 U.S.C. § 3006A(a)(2); Santana v. Chandler, 961 F2d 514, 516 (5th Cir. 1992). Petitioner s pleadings demonstrate that he is reasonably intelligent and articulate. He has demonstrated that he knows how to use the law library and has adequately briefed the issues in this case, which are not complex. The interests of justice do not require appointment of counsel at this time. If petitioner s case is scheduled for an evidentiary hearing, counsel will be appointed to represent him. If the interests of justice so require at any point in this litigation, counsel will be sua sponte assigned. Accordingly, petitioner s motion for appointment of counsel (D.E. 18) is denied without prejudice. ORDERED this 20th day of April, 2010. ____________________________________ B. JANICE ELLINGTON UNITED STATES MAGISTRATE JUDGE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.