Lobo v. United States

Background

Fabio Porfirio Lobo requested appointment of pro bono counsel—volunteer legal representation—in his action under 28 U.S.C. § 2255, which allows a person convicted in federal court to seek certain post-conviction relief. The request was docketed as Dkt. No. 14.

Legal standard

The court cited the Criminal Justice Act, which permits representation for a financially eligible person seeking relief under § 2255 when the interests of justice require it. The court also stated that there is no constitutional right to counsel in post-conviction proceedings. In deciding whether to request appointment of counsel, the court considered the same factors used in other civil cases: the likelihood of success on the merits, the complexity of the legal issues, and the person’s ability to investigate and present the case. The court noted that applications for volunteer counsel should be granted sparingly.

Ruling

The motion for appointment of pro bono counsel was DENIED, without prejudice to renewal, at a later stage of the case. The court found that appointment was not warranted at that time. The Clerk of Court was directed to close Dkt. No. 14, and the United States was directed to mail Lobo a copy of the order. This order addressed counsel appointment, not the merits of Lobo’s § 2255 action.