Richard Chantez Butler v. Gloria Geither

Summary

The United States District Court for the District of Kansas denies Richard Chantez Butler’s motion for appointment of counsel in his 28 U.S.C. § 2254 habeas corpus proceeding. The court also takes no further action on Butler’s notice that prison library staff allegedly refused to e-file documents, while allowing him to renew his request for counsel if circumstances later warrant it.

Holdings

1. Petitioner was not entitled to appointed counsel at this stage because there is no constitutional right to counsel in a federal habeas corpus action and the interest of justice did not require appointment based on the merits, complexity, or Petitioner's ability to present his claims.
2. The court would take no further action on the notice because it merely reported an alleged refusal to e-file, did not request relief, and did not identify any current filing obligation or deadline.

Questions Presented

1. Whether the interest of justice required appointment of counsel for Petitioner at the preliminary stage of his federal habeas corpus proceeding.
2. Whether the court should take action on Petitioner's notice that prison staff allegedly refused to e-file documents.

Disposition

other