Western District of Pennsylvania • 3:26-cv-00908

ELVIS v. BLANCHE

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Case Information

Filed: May 14, 2026
Assigned to: Arthur J. Schwab
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Active
Last Activity: May 15, 2026
Parties: View All Parties →

Docket Entries

#1
May 14, 2026
PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 200019379), filed by NJINKENG ELVIS. (Attachments: # 1 Receipt, # 2 Envelope) (cel) (Entered: 05/14/2026)
Main Document: ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
#2
May 14, 2026
MOTION to Appoint Counsel by NJINKENG ELVIS. (Attachments: # 1 Envelope) (cel) (Entered: 05/14/2026)
Main Document: Appoint Counsel
May 14, 2026
Judge Arthur J. Schwab added. (cel)
#3
May 15, 2026
CASE MANAGEMENT ORDER. Copies of this order and the Petition were emailed by the Court to the USAO. This email service is deemed sufficient to accomplish formal service of the Petition on Respondent. Respondents' counsel shall file a notice of appearance within 3 days of this date. Respondents shall file any responses or answers to the petition within 30 days of the date of service. Signed by Judge Arthur J. Schwab on 5/15/2026. (lar) (Entered: 05/15/2026)
Main Document: Case Management Order
#4
May 15, 2026
ORDER denying without prejudice Petitioner's 2 Motion to Appoint Counsel. Petitioner has no constitutional or statutory right to counsel in this habeas proceedings, see Baynes v. Attorney General, Civ. No. 2:22-694, 2024 WL 5340638, at *1 (W.D. Pa. Nov. 26, 2024) (citing McClesky v. Zant, 499 U.S. 467, 495 (1991) (superseded on other grounds by statute), but it is within the court's discretion to appoint a financially eligible habeas petitioner counsel if it determines that the interests of justice so require. See LCvR 2241, section H. For example, the court must appoint counsel to represent a financially eligible petitioner if it authorizes discovery and determines that appointment is necessary for effective discovery. Additionally, the court must appoint counsel to represent a financially eligible petitioner if it determines that an evidentiary hearing is warranted. At this time, however, the Court finds that there are no grounds to support that the interests of justice requires the appointment of counsel. Signed by Judge Arthur J. Schwab on 5-15-26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm) (Entered: 05/15/2026)
May 15, 2026
Order on Motion to Appoint Counsel

Parties

BLANCHE
Party
ELVIS
Party