UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

: ROBERT BUIE, : Plaintiff, : No. 3:18-cv-2018(AWT) : v. : : MULLIGAN, : Defendant. : :

ORDER

On December 10, 2018, the petitioner filed his habeas petition pursuant to

. (Doc. #1). On June 18, 2019, in response to the order to show cause (Doc. #15), the respondent filed a motion to dismiss the petition. (Doc. #20). A notice dated June 18, 2019 was sent to petitioner as required by Local Rule 12(a).(Doc. #22). The petitioner’s response to the motion to dismiss was due on July 9, 2019. The petitioner has filed neither a response to the motion to dismiss nor a motion for extension of time. The petitioner has stated four grounds for relief that each assert ineffective assistance of habeas counsel in a collateral state habeas corpus proceeding. However, there is no constitutional right to counsel in state or federal collateral proceedings. See Pennsylvania v. Finley,

(1987). Thus, a petitioner cannot claim constitutionally ineffective assistance of counsel in state or federal collateral proceedings. See Coleman v. Thompson,

(1991);

(i)(“The ineffectiveness

or incompetence of counsel during Federal or State collateral post-conviction proceedings shall not be a ground for relief in a proceeding arising under section 2254.”). Accordingly, upon review of the petition and the motion to dismiss, the motion to dismiss (Doc. #20) is hereby GRANTED. The Clerk shall close this case. It is so ordered. Signed this 1st day of November 2019 at Hartford, Connecticut.

_____ /s/AWT Alvin W. Thompson United States District Judge

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