Cox v. Feather

Filing 6

ORDER denying petitioner's 4 Motion to Appoint Counsel by Judge Robert S. Lasnik.(RS) cc Cox

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DOUGLAS MICHAEL COX,

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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

Case No. C13-2075RSL
ORDER DENYING MOTION
FOR APPOINTMENT OF
COUNSEL

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This matter comes before the Court on Petitioner’s “Motion Requesting Order for

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Appointment of Representation Pursuant to 18 U.S.C. § 3006(a)(2)(b)” (Dkt. # 4) in this

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28 U.S.C. § 2255 action to vacate, set aside, or correct Petitioner’s sentence. In his

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habeas petition, Petitioner seeks relief from the sentence imposed by this Court

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following his plea of guilty to one count of armed bank robbery on the grounds that the

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Supreme Court’s decision in Alleyne v. United States, 133 S.Ct. 2151 (2013) applies

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retroactively to his case. Petitioner asks the Court to appoint counsel to represent him in

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this habeas proceeding. Having considered Petitioner’s motion and the remainder of the

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record, the Court finds as follows:
There is no constitutional right to counsel in a post-conviction § 2255
proceeding. Sanchez v. United States, 50 F.3d 1448, 1456 (9th Cir. 1995). Under the
Rules Governing § 2255 Proceedings for the United States District Courts, if a judge

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ORDER DENYING MOTION
FOR APPOINTMENT OF COUNSEL- 1

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authorizes discovery or finds that an evidentiary hearing is warranted, “the judge must

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appoint an attorney for a moving party who qualifies to have counsel appointed under 18

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U.S.C. § 3006A.” Rule 6(a); Rule 8(c). The Court has not authorized discovery or

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determined that an evidentiary hearing is necessary. In the event that the Court finds an

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evidentiary hearing or discovery necessary, the Court will appoint counsel for Petitioner.

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For all of the foregoing reasons, the Court DENIES Petitioner’s motion for
appointment of counsel (Dkt. # 4).

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DATED this 3rd day of December, 2013.
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A

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Robert S. Lasnik
United States District Judge

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ORDER DENYING MOTION
FOR APPOINTMENT OF COUNSEL- 2