Free Memorandum and Order - District Court of Delaware - Delaware

Case 1:07—cv—0O681-JJF Document 15 Filed 04/28/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NORMAN X. BECKER, :
Petitioner, Z
v. E Civ. No. 07-681-JJF
PERRY PHELPS, E
Warden, and ATTORNEY :
GENERAL OF THE STATE :
OF DELAWARE, :
Respondents. E
MEMORANDUM ORDER
Petitioner Norman X. Becker has filed a Motion For The
Appointment Of Counsel. (D.I. 6.) Petitioner requests the
appointment of counsel because “his mental health issues
proscribe him from understanding the complexity of the law" in
his case and the person presently assisting him is going to be
transferred to another facility.
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.
Fulcomer, 946 F.2d 247, 263 (3d Cir. 1991); United States v.
Roberson, 194 F.3d 408, 415 n.5 (3d Cir. 1999). A court may,
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

Case 1 :O7—cv—OO681-JJF Document 15 Filed O4/28/2008 Page 2 of 3
arguably meritorious case." Tabron v. Grace, 6 F.3d 147, 154 (3d
Cir. 1993)(citing Smith—Bey v. Petsock, 741 F.2d 22, 26 (3d 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"). Instructive factors affecting a court's
decision regarding the appointment of counsel include: (1) the
merits of the petitioner's claim; (2) the petitioner's ability to
present his case considering his education, literacy, experience,
and the restraints placed upon him by incarceration; (3) the
complexity of the legal issues; (4) the degree to which factual
investigation is required and the petitioner's ability to pursue
such investigation; and (5) the degree to which the case turns on
credibility determinations or expert testimony. Tabron, 6 F.3d
at 155-156.
After reviewing Petitioner’s Motion and the documents filed,
the Court concludes that the case is not so factually or legally
complex at this juncture that it requires the appointment of
counsel. Petitioner has not provided documentation supporting
his assertions that he is currently suffering form mental
illness, and Petitioner's filing in the case demonstrate his
ability to articulate his claims and represent himself in ths
proceeding. It also does not appear that expert testimony will
be necessary or that the ultimate resolution of the Petition will
depend upon credibility determinations.
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Case 1:O7—cv—OO681-JJF Document15 Filed O4/28/2008 Page3of3
Now Therefore, It Is Hereby Ordered that Petitioner’s Motion
For The Appointment Of Counsel (D.I. 6.) is DENIED without
prejudice to renew.
L
W ,M><>‘? \¤r.·1. .I E.
DATE UN D s DISTRICT GE
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