Bell v. Goodrich

Filing 13

ORDER denying 12 Motion to Appoint Counsel ;denying 12 Motion for Extension of Time to File Response/Reply filed by petitioner. Ordered by U.S. Mag Judge Claude W. Hicks, Jr. on 11/23/2009. (mgb)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION TOMMY BELL, Petitioner VS. BRIAN OWENS, COMMISSIONER, GEORGIA DEPARTMENT OF CORRECTIONS Respondent NO. 5:09-CV-284 (CAR) PROCEEDINGS UNDER 28 U.S.C. 2254 Before the U. S. Magistrate Judge ORDER Petitioner TOMMY BELL has requested appointed legal counsel and an extension of time to further respond to the respondent's pending motion seeking dismissal of the above-captioned action. Tab #12. With regard to the petitioner's request for appointed counsel, and after reviewing the instant petition, the court finds that the issues set forth therein are properly raised and adequately set forth petitioner's contentions. They are not so complex as to require appointment of legal counsel to represent his legal interests at this time. The court on its own motion will consider appointing legal counsel for the petitioner if and when it becomes apparent that legal assistance is required in order to avoid prejudice to his rights. Accordingly, the petitioner's motion for appointment of legal counsel is DENIED. With respect to petitioner Bell's request for an extension of time, the undersigned notes that the petitioner has already filed a document titled "Traverse to Respondent's Motion to Dismiss." Therein, the petitioner opposes the respondent's motion seeking dismissal in some detail. As such, additional time to respond to the respondent's motion seeking dismissal appears unnecessary. Accordingly, the petitioner's request for an extension is DENIED. SO ORDERED, this 23rd day of NOVEMBER, 2009. s/ Claude W. Hicks, Jr. CLAUDE W. HICKS, JR. UNITED STATES MAGISTRATE JUDGE

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