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order
Order
Wed 04/02 10:01 AM
ORDER regarding the pro se Motion to Vacate, Set Aside, or Correct Sentence (Doc. 1) of Petitioner, Troy D. Litaker, under 28 U.S.C. § 2255. Without commenting on the merits of the claims, the Court concludes Petitioner's Motion survives a preliminary review under Rule 4 of the Rules Governing Section 2255 Proceedings in the United States District Courts. Consequently, the Government is DIRECTED to respond to Petitioner's Motion by April 25, 2025 . The Government shall, as part of its response, attach all relevant portions of the record. Petitioner shall then have until May 26, 2025 , to file a Reply, which shall not exceed 5 pages. If the Court's review of the submitted filings indicates that it is necessary to hold an evidentiary hearing, then the Court will immediately enter an appropriate notice and order. Further, Petitioner's Request for Appointment of Counsel included in the Motion to Vacate, Set Aside, or Correct Sentence (Doc. 1) is DENIED without prejudice. There is no constitutional or statutory right to appointment of counsel in a civil case, although the Court may in its discretion appoint counsel to represent indigent civil litigants. See Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007); see also Rauter v. United States, 871 F.2d 693, 695 (7th Cir. 1989). When presented with a request to appoint counsel, the Court must make the following inquiries: (1) has the indigent plaintiff made a reasonable attempt to obtain counsel or effectively been precluded from doing so, and (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself. See Pruitt, 503 F.3d at 654-55. Petitioner provides no indication that he has made a reasonable attempt to obtain counsel, nor has he shown that he was effectively precluded from making such an effort. Also considering the stage at which this action proceeds, the Court declines to appoint counsel at this time, though Petitioner may refile a similar motion should circumstances change or if counsel becomes necessary later. Signed by Judge David W. Dugan on 4/2/2025. (drmb)
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mot2255
Motion to Vacate/Set Aside/Correct Sentence (2255)
Wed 03/26 11:37 AM