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

Case 1:07-cv-00036-JJF Document 15 Filed O3/13/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OE DELAWARE
EDWARD GIBBS, JR., )
Petitioner, g
v. E Civ. No. 07-36-JJF
THOMAS L. CARROLL, g
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
Respondents. {
O R D E R
At Wilmington this QééL day of March, 2007;
IT IS ORDERED that:
Petitioner Edward Gibbs, Jr.'s Motion For The Appointment Of
Counsel is DENIED without prejudice to renew. (D.I. 2.)
Petitioner has no automatic constitutional or statutory
right to representation in a federal habeas proceeding. See ·
Coleman v. Thompson, 501 U.S. 722, 752 (1991); Reese v. I
Fulcomer, 946 F.2d 247, 263 (3d Cir. 1991); United States v. I
Roberson, 194 E.3d 408, 415 n.5 (3d Cir. 1999). A court may, y
however, seek representation by counsel for a 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 a complex but i
arguably meritorious case.” Tabron v. Grace, 6 F.3d 147, 154 (3d i
Cir. l993)(citing Smith-Bey v. Petsock, 741 F.2d 22, 26 (3d Cir. g
E
S

Case 1:07-cv-00036-JJF Document 15 Filed O3/13/2007 Page 2 of 2
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 he
is incarcerated with limited access to the law library, he is
unskilled in the law, and he represented himself during his state
criminal and post-conviction proceedings. The Court concludes
that the “interests of justice" do not warrant representation by
counsel at this time.
1s@%y (ann- 4- ..»»..;
{U TA _ DISTRICT J, D E

2