TATE v. JOHNSON STATE PRISON, 3:25-cv-00069

Elbert Tate, a prisoner at Johnson State Prison, filed a pro se motion requesting appointment of counsel to assist with a potential federal habeas corpus petition under 28 U.S.C. § 2254 and/or a petition for compassionate release.
Tate paid a $5.00 filing fee, which is appropriate for a § 2254 action.
The court clarified that "compassionate release" under federal law does not apply to state prisoners.
The court emphasized that there is generally no right to appointed counsel in § 2254 habeas proceedings unless specific conditions are met (e.g., need for evidentiary hearing, effective discovery, or interests of justice).
The petition was not yet recast on the proper form; the court ordered Tate to use the standard § 2254 form within 14 days or risk dismissal.
The court denied Tate's initial request for counsel but indicated that a renewed request would be considered if warranted later.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Eligibility for Compassionate Release	Tate seeks compassionate release	Not applicable (state prisoner)	Court ruled federal compassionate release not available to state prisoners
Right to Appointed Counsel in § 2254 Case	Requests appointment of counsel	Not directly stated	No general right to counsel; can be appointed in specific circumstances
Proper Form for § 2254 Petition	Filed a motion, not standard form	Not applicable	Must recast pleading using court’s standard § 2254 form
Ongoing Duty to Notify Court of Address	Not addressed	Not addressed	Must keep Court informed of address or risk application dismissal

Wright v. West, 505 U.S. 277 (1992) (explains there is no general right to appointed counsel in federal habeas proceedings)