Free Order on Motion to Appoint Counsel - District Court of Delaware - Delaware

Case 1:04-cv-00159-JJF Document 18 Filed O9/07/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
POR THE DISTRICT OF DELAWARE
ANDRE R. THOMAS, :
Petitioner, ;
v. ; Civ. Act. No. 04-159-JJF
THOMAS L. CARROLL, Warden, Q
Respondent. E
O R D E R
At Wilmington this ;iL_ day of September, 2005;
IT IS ORDERED that:
Petitioner Andre R. Thomas' Motions For The Appointment Of
Counsel are DENIED without prejudice to renew. (D.I. 13; D.I.
15.)
Petitioner, a pro sg litigant, has no automatic
constitutional or statutory right to representation in this
federal habeas proceeding. See Coleman v. Thompson, 501 U.S.
722, 752 (1991); Reese v. Fulcomer, 946 F.2d 247, 263 (3d Cir.
1991): United States v. Roberson, 194 F.3d 408, 415 n.5 (3d Cir.
1999). However, the Court may seek representation by counsel for
Petitioner “upon a showing of special circumstances indicating
the likelihood of substantial prejudice to [petitioner] resulting
. . . from [petitioner’s] probable inability without such
assistance to present the facts and legal issues to the court in

Case 1:04-cv-00159-JJF Document 18 Filed O9/07/2005 Page 2 of 2
a complex but arguably meritorious case.” Tabron v. Grace, 6
F.3d 147, l54 (3d Cir. l993)(citing Smith-Bey v. Petsock, 74l
F.2d 22, 26 (Bd Cir. 1984); 18 U.S.C. § 3006A
(a)(2)(B)(representation by counsel may be provided when a court
determines that the “interests of justice so require").
Here, Petitioner seeks representation by counsel because
“there are some interesting legal issues.” (D.I. 13; D.I. l5.)
This brief statement, however, fails to demonstrate that the
“interests of justice" warrant representation by counsel at this
time.l Petitioner’s filings in this Court indicate his ability
to present his case. Parham v. Johnson, 126 F.3d 454, 460 (3d
Cir. l997)(citations omitted). It also does not appear that
expert testimony will be necessary or that the ultimate
resolution of the Petition will depend upon credibility
determinations.
. a - Cu.-- M
UN T K? TE} DISTRICT JUD
lThe Court notes that Petitioner has included a copy of a
letter from the Public Defender's Office that uses the same
phrase that the “case presents an interesting legal issue.”
(D.I. 13; D.I. 15.)
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Case 1:04-cv-00159-JJF

Document 18

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Case 1:04-cv-00159-JJF

Document 18

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