Stanley v. Jamison

Background

Aaron R. Stanley filed a petition under 28 U.S.C. § 2241. He raised four grounds: that his conviction and sentence violated due process because he could not present newly discovered scientific evidence supporting actual innocence; that mental-health expert testimony did not meet constitutional requirements; that he did not receive effective assistance of counsel; and that the Court of Appeals for the Armed Forces made unreasonable legal applications and erroneous factual findings.

While the petition was pending, Stanley moved to expand the record, requested appointment of pro bono counsel, and moved to replace Respondent W.S. Pliler with Warden J.L. Jamison, identified as the current warden of FCI Otisville, where Stanley is incarcerated. The respondent did not object to expanding the record or changing the respondent’s name. The respondent also filed a memorandum opposing the petition after receiving five extensions of the response deadline.

Rulings on the Motions

The court granted Stanley’s motion to expand the record to include the exhibits and affidavits attached to his petition, memorandum, and brief.

The court also granted Stanley’s motion to substitute Warden J.L. Jamison for W.S. Pliler as the respondent under Federal Rule of Civil Procedure 25(d).

The court denied Stanley’s application for pro bono counsel without prejudice to renewal. The court explained that there is no constitutional right to counsel in a habeas case and that appointment is discretionary. At this stage, the court could not determine that Stanley’s claims were likely to have enough substance to justify appointing counsel. The court said it would reconsider the request after reviewing the petition, the respondent’s memorandum, and any reply from Stanley.

Additional Directions

Because Stanley said he lacked many documents related to his claims, the court gave him six months from the date of the order to file a reply to the respondent’s opposition memorandum. The court directed the respondent to provide Stanley with the opposition memorandum and all supporting documents and exhibits, and to file proof of service within seven days.

The clerk was directed to terminate the motions at ECF Nos. 2, 4, and 21, terminate Respondent Pliler, and add Respondent J.L. Jamison. The clerk was also asked to mail a copy of the order to Stanley, whom the order identifies as proceeding without a lawyer.

Disposition

The application for pro bono counsel was denied without prejudice to renewal. The motion to expand the record and the motion to substitute the respondent’s name were granted. The court did not resolve the merits of Stanley’s habeas claims in this order.