Torres v. Yankton FPC, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
GERARDO AGUILAR TORRES,
Petitioner,
vs.
YANKTON FPC, WARDEN,
Defendant.
4:21-CV-04055-KES
ORDER
Pending is the motion for appointment of counsel filed by Gerardo
Aguilar Torres. Docket No. 7. There is no recognized constitutional right
under the Sixth Amendment for the appointment of counsel in habeas corpus
cases. Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). Habeas actions
are civil in nature, so the Sixth Amendment right to counsel applicable in
criminal proceedings does not apply. Id. The court does, however, have
discretion to appoint counsel if the interests of justice so require or if an
evidentiary hearing will be held. See 18 U.S.C. § 3006A(a)(2)(B). The court will
not appoint counsel at this juncture of the proceedings and accordingly denies
the motion. This case is not legally or factually complex and the court is
confident movant can present his issues himself at this point. Should an
evidentiary hearing become necessary, the court will appoint counsel.
Case 4:21-cv-04055-KES Document 9 Filed 04/09/21 Page 1 of 2 PageID #: <pageID>

Accordingly, it is hereby
ORDERED that the motion for appointment of counsel (Doc. 7) is denied.
DATED this 9th day of April, 2021.
BY THE COURT:
VERONICA L. DUFFY
United States Magistrate Judge
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