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

Case 1 :07-cv-00284-Gl\/IS Document 31 Filed 1 1/07/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT I I
‘ FOR THE DISTRICT OF DELAWARE
` STEVEN W. KRAFCHICK, § I
‘ Petitioner/Plaintiff, § ‘
' g Civil Action No. 07-284-GMS
Vs. § V _ W
§ u
THOMAS L. CARROLL (Warden), § V ` l
p Respondent/Defendaiit. §
MOTION FOR APPOINTMENT OF COUNSEL .
O Plaintiff Steven W. Krafchick pursuant to 28 U.S.C. § 1915, request this court to appoint
counsel to represent petitioner/plaintiff in the above—entitled action for the following reasons: _ i
1. The plaintiff is unable to afford an attorney. A 1
2. The issues rose in the petition under 28 § 2254 are complex in their very nature, and deal
I with issues that the petitioner is unable to develop without the assistance of counsel in
plaintiffs present state of confmernent.
3. Due to the type of investigation that is required to develop thelplaintiff s allegations, the
appointment of counsel would be the appropriate course of action by the court, and would
I not hamper the petitioner’s presentation of the alleged allegations by the exclusion of
petitioner’s supportive evidence.
4. The plaintiff’ s allegations, if proven, clearly would establish a constitutional violation I V
had taken place, and the harmless error standard under federal law would not apply to .
_ those issues. I _ is ‘ B ° ‘ A
A Nov-vzuur Q

Case 1 A Document 31 Filed 1 1/07/2007 Page 2 of 4 p V
5. The plaintiff is unleamed in civil law, and the appointment of counsel would serve the
interest of justice, as it would help expedite the overall proceedings and matters in this
n case.
6. In deciding whether to appoint counsel for an indigent litigant, the court should consider
S "the factual complexity of the case, the ability of the petitioner to investigate and to {
obtain documentation in the control of the State and/or their agents and to present all the
facts of support? Conflicting testimony from the State, and/ or their agents over factual
claims of incompetence to stand trial or to assist counsel, which is one of the petitioner
claims. I U i in
7. The petitioner’s ability to present complex legal claims with support of legal presidents.
8. In addition, courts have suggested that the most compelling factor is whether the case
appears to have merit. I 1
The petitioner acknowledges that the likelihood of this court appointing counsel to
represent the plaintiff is very unlikely; however, the petitioner prays that this court will appoint
counsel so that it may help the petitioner prove his claims in this particular case.
V For the forgoing reasons, the court should grant the plaintiffs motion and appoint
counsel in this case. . g
Damd; November 5 , 2007 _ n _` g*f. f
Steven * . ' hick (Pro-se)
- Delaware orrection Center
1181 Paddock Road
Smyrna, DE 19977 .
2

Case 1:07-cv-00284-Gl\/IS Document 31 Filed 11/07/2007 Page 3 0f 4
UNITED STATES DISTRICT COURT I
DISTRICT OF DELAWARE
- Steven W. Krafchick, )
Plaintiff, )
)
v. ) · Civil Action N0.
)
Thomas L. Carroll (Warden), ) j
Defendant. ` ) A `
ORDER I
IT IS HEREBY ORDERED, THIS DAY OF , 20 , THAT THE
ATTACHED MOTION FOR APPOINTMENT OF COUNSEL HAS BEEN READ AND CONSIDERED. IT IS L
ORDERED THAT THE MOTION IS HEREBY A .
‘ i
l

Judge 3

. Case 1 :07-cv-00284-G MS Document 31 Filed 1 1/07/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I, Steven W. Krafchick, hereby certify that I have served a true and correct copy (ies)
of the attached Motion for Appointment of Counsel upon the following parties/person: I
To: Oftice ofthe Clerk To: Elizabeth R. McFarlan
United States District Court Deputy Attorney General
844 N. King Street, Lockbox 18 820 N. French Street
Wilmington, Delaware 19801-35 70 Wilmington, Delaware 19801
—- Del. Bar. ID No. 3759
F
BY PLACING SAME IN A SEALED ENVELOPE, and depositing same in the United States ·
Mail located at the Delaware Correctional Center, 1181 Paddock Road, Smyrna, DE 19977.
On this §t_h day of the month November, 2007
‘ Steven 7 . ·-¤ afchick (Pro-se)
Delaware/Correctional Center
1181 Paddock Road
Smyrna, DE 19977