Swan v. USA

Filing 5

ORDER denying without prejudice 3 Motion to Appoint Counsel. So Ordered by Judge James R. Muirhead. (mxm, )

Swan v. USA Doc. 5 Case 1:06-cv-00404-JAW Document 5 Filed 11/17/2006 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Steven A. Swan v. United States of America Civil No. 06-cv-404-PB ORDER Re: Document No. 3, Motion to Appoint Counsel Ruling: Denied without prejudice to refile if an evidentiary hearing is warranted. See Rule 8(c) 2255 Proceedings. Since the basis for the petition is straight forward and based upon factual allegations not legal propositions, counsel is not necessary at this point. I exercise my discretion, therefore, to deny appointment of counsel at this time. See 18 U.S.C. 3006A. James R. Muirhead U.S. Magistrate Judge Date: November 17, 2006 cc: Steven A. Swan, pro se William E. Morse, Esq. Dockets.Justia.com

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