UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE 

Oliver Hooper 

v. Civil No. 08-cv-426-JD 

Warden, Northern New Hampshire 

Correctional Facility 

O R D E R 

Oliver Hooper seeks relief pursuant to 28 U.S.C. § 2254 from 

his state court convictions. Hooper initially was represented by 

counsel. The Warden moved for summary judgment on May 15, 2009. 

The court granted motions to extend the deadline for Hooper’s 

response to the Warden’s motion. 

Hooper’s retained out-of-state counsel sent a letter to the 

court, which was filed on July 31, 2009, in which he explained 

that he had been temporarily suspended from practice. The court 

deemed the letter to be an involuntary withdrawal from the case. 

Local counsel also moved to withdraw, explaining that Hooper 

lacked funds to compensate counsel for his services, and the 

motion was granted on September 15, 2009. Hooper then moved for 

appointment of counsel, and the court directed Hooper to file 

completed financial forms to demonstrate his need for appointed 

counsel. Hooper has now filed the completed forms. 

In his financial affidavit, Hooper states that he receives 

Case 1:08-cv-00426-JD Document 25 Filed 10/30/09 Page 1 of 3
about thirty dollars each month in payment from the institution 

and about fifteen to twenty dollars twice a month from his 

parents. He states that he has no cash or bank accounts, does 

not own property, does not have other assets, and has outstanding 

debts of $7,500 for a student loan from SallieMae and $1,200 for 

Maine taxes. The Certificate of Custodial Institution from the 

Northern New Hampshire Correctional Facility states that for the 

six-month period preceding October 20, 2009, Hooper had average 

monthly deposits in his prison account of $105.09. For the sixmonth period before that, his average deposits were $20.91. The 

trust account statement confirms the institutional certificate. 

Hooper also submitted an invoice dated March 5, 2008, from 

SallieMae, stating that his monthly payment for his student loan, 

$261.45, was late. 

A petitioner for habeas relief does not have a 

constitutional right to counsel. Pennsylvania v. Finley, 481 

U.S. 551, 555 (1987). The court, however, may appoint counsel 

for a financially eligible person if “the interests of justice so 

require.” 18 U.S.C. § 3006A(a)(2)(B). Based on the financial 

information Hooper has filed and the issues presented in the 

case, the court concludes that Hooper is financially eligible and 

that the interests of justice require appointment of counsel in 

this case. 

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Case 1:08-cv-00426-JD Document 25 Filed 10/30/09 Page 2 of 3
Conclusion 

For the foregoing reasons, the petitioner’s motions to 

appoint counsel (documents no. 20 and 24) are granted to the 

extent that counsel will be appointed to represent the petitioner 

in this case, and the petitioner’s response to the pending motion 

for summary judgment will be due thirty days from the date that 

counsel is appointed. Counsel will be appointed from the court’s 

Criminal Justice Act list. 

SO ORDERED. 

/s/ Joseph A. DiClerico, Jr. 

Joseph A. DiClerico, Jr. 

United States District Judge 

October 30, 2009 

cc: Oliver Hooper, pro se 

Elizabeth Woodcock, Esq. 

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