Carswell v. O'Brien et al

Filing 14

ORDER denying 10 Motion to Appoint Counsel filed by petitioner. Ordered by U.S. Mag Judge Claude W. Hicks, Jr. on 11/24/2009. (mgb)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION ROBERT CARSWELL, Petitioner VS. TERRY O'BRIEN, et al., NO. 5:09-CV-287 (CAR) Proceedings Under 28 U.S.C. §2241 Before the U. S. Magistrate Judge Respondent ORDER Petitioner Robert Carswell has filed a motion requesting appointed legal counsel and an evidentiary hearing. Tab #10. With regard to the petitioner's request for an evidentiary hearing, it appears that this case is presently before the Eleventh Circuit Court of Appeals. Consequently, this court is without jurisdiction to grant such a request. Accordingly, the request for an evidentiary hearing is DENIED. With respect to the request for appointed counsel, and after careful consideration, the same is DENIED. SO ORDERED, this 24th day of NOVEMBER, 2009. s/ Claude W. Hicks, Jr. CLAUDE W. HICKS, JR. UNITED STATES MAGISTRATE JUDGE

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