Thompson v. People of the State of Colorado, The et al

Filing 32

ORDER. Plaintiffs Motion for Re-Consideration Regarding theAppointment of Conflict Free Counsel Pursuant to the Criminal Justice Act, 18 U.S.C. § 3006 21 is DENIED. By Magistrate Judge Boyd N. Boland on 08/23/2010.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 10-cv-00571-ZLW-BNB LARRY ALLEN THOMPSON, Applicant, v. KEVIN MILYARD, Warden, Sterling Correctional Facility; and JOHN SUTHERS, The Attorney General of the State of Colorado, Respondents. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the plaintiff's Motion for Re-Consideration Regarding the Appointment of Conflict Free Counsel Pursuant to the Criminal Justice Act, 18 U.S.C. 3006 [Doc. #21, filed 06/04/2010] (the "Motion"). The Motion is DENIED. This is the applicant's third request for appointment of counsel [Docs. #9 and #14]. I previously advised the applicant [Doc. #10] that "[i]n most federal courts, it is the practice to appoint counsel in post-conviction proceedings only after a petition for post-conviction relief passes initial judicial evaluation and the court has determined that issues are presented calling for an evidentiary hearing." Johnson v. Avery, 393 U.S. 483, 487 (1969) (emphasis added). The court has not made a determination that an evidentiary hearing is necessary in this case. IT IS ORDERED that the Motion is DENIED. Dated August 23, 2010. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

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