Jones v. Bedford

Filing 11

ORDER adopting 4 Final Report and Recommendation, denying 3 Appeal from the Order of the Magistrate Judge. Signed by Judge Thomas W. Thrash, Jr on 3/26/15. (dr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JOEY L. JONES,
Petitioner,
v.

CIVIL ACTION FILE
NO. 1:15-CV-341-TWT

T. JACKSON BEDFORD,
Respondent.

ORDER

This is a pro se habeas corpus action. It is before the Court on the Report and
Recommendation [Doc. 4] of the Magistrate Judge recommending denying the
Petition as untimely. The Petitioner’s Objections fail to address the timeliness issue.
The Court approves and adopts the Report and Recommendation as the judgment of
the Court. The Petition is DISMISSED. The appeal from the Order of the Magistrate
Judge denying the Petitioner’s Motion to Appoint Counsel [Doc. 3] is DENIED. The
Order is not clearly erroneous or contrary to law. There is no constitutional right to
counsel in habeas corpus proceedings. Murray v. Giarratano, 492 U.S. 1, 7-8 (1989);
Hill v. Jones, 81 F.3d 1015, 1024 (11th Cir. 1996). In federal habeas corpus
proceedings, appointment of counsel is necessary only when due process or “the
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interests of justice “ requires it. 18 U. S. C. § 3006A(a)(2)(B); Hooks v. Wainwright,
775 F. 2d 1433, 1438 (11th Cir. 1985).
SO ORDERED, this 26 day of March, 2015.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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