Nault-Hart v. United States of America

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION
JAMES NAULT-HART, 3:22-CV-03012-RAL
Movant,
vs. ORDER DIRECTING SERVICE AND
REQUIRING RESPONSE
UNITED STATES OF AMERICA,
Respondent.
Movant James Nault-Hart filed a Motion to Vacate, Set Aside, or Correct Sentence under
28 U.S.C. § 2255. Doc. 1. Nault-Hart asserts that he is actually innocent and that he pleaded
guilty to failing to register as a sex offender when he moved to South Dakota on the advice of his
attorney. Doc. 1-1 at 1. Nault-Hart argues that his attorney was ineffective in failing to
investigate whether Nault-Hart was required to register as a sex offender under federal law. Id.;
see also Doc. 1-2 at 2-3.
This Court is to dismiss a motion under § 2255 if it "plainly appears ...that the moving
party is not entitled to relieff.]" Rule 4(b), Rules Governing § 2255 Proceedings. Nault-Hart
acknowledges that his motion is untimely under § 2255(f) but argues that a showing of actual
innocence is not barred by § 2255(Q's statute oflimitations. Doc. 1 at 11 (citing McQuiggin
V. pRTkins. 569 U.S. 383, 386 (2013)). Thus, this Court cannot determine with confidence that it
"plainly appears" that Nault-Hart is not entitled to any relief, although ultimately that may be the
case.
Nault-Hart has filed a motion to appoint counsel. Doc. 2."A pro se litigant has no
statutory or constitutional right to have counsel appointed in a civil case." Stevens v. Redwing.
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146 F.3d 538, 546 (8th Cir. 1998). In determining whether to appoint counsel, the Court
considers the complexity of the case, the ability of the litigant to investigate the facts, the
existence of conflicting testimony, and the litigant's ability to present his claims. Id This Court
will defer ruling on Nault-Hart's motion to appoint counsel until respondent has responded to
Nault-Hart's § 2255 motion.
Therefore, it is hereby
ORDERED that the Clerk of Court serve a copy of all pleadings of record and this Order
on Respondent. It is further
ORDERED that Respondent file an answer, and if it so chooses, a motion to dismiss and
memorandum, within thirty days of service of the pleadings.
DATED June 3^,2022.
BY THE COURT:
ROBERTO A. LANG
CHIEF JUDGE
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