Rice v. Forniss et al (INMATE2)

Filing 5

ORDER denying 2 Motion to Appoint Counsel. Signed by Judge Terry F. Moorer on 1/29/2007. (dmn)

Rice v. Forniss et al (INMATE2)

Doc. 5

Case 2:07-cv-00072-WHA-TFM

Document 5

Filed 01/29/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ______________________________ PHILLIP RAY RICE, #158 553 Petitioner, v. LEON FORNISS, WARDEN, et al., Respondents. ______________________________ * * * * * 2:07-CV-72-WHA (WO)

ORDER ON MOTION Upon consideration of Petitioner's brief in support of petition for writ of habeas corpus which also contains a request for appointment of counsel, and for good cause, it is ORDERED that the motion (Doc. No. 2) be and is hereby DENIED. See McFarland v. Scott, 512 U.S. 849, 857 n. 3 (1994) (a petitioner serving a noncapital sentence has no right to appointment of counsel in a habeas proceeding). Done, this 29th day of January 2007.

/s/Terry Moorer TERRY MOORER UNITED STATES MAGISTRATE JUDGE

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