Eggum v. Uttecht

Filing 83

ORDER REFERRING CASE TO FEDERAL PUBLIC DEFENDER re 82 MOTION to Appoint Counsel filed by Marlow Todd Eggum; FPD to advise court within 21 days by Hon. Mary Alice Theiler. **2 PAGE(S), PRINT ALL**(Marlow Eggum, Prisoner ID: 879587)(RS) cc FPD

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 MARLOW TODD EGGUM, Petitioner, 9 10 11 Case No. C14-1328-RAJ-MAT v. ORDER REFERRING CASE TO FEDERAL PUBLIC DEFENDER FOR REVIEW JEFFREY UTTECHT, Respondent. 12 13 14 This is a 28 U.S.C. § 2254 federal habeas action. Petitioner has filed a motion to appoint 15 counsel. (Dkt. 82.) There is no constitutional right to appointment of counsel in actions brought 16 under § 2254; however, the Court may exercise its discretion to appoint counsel for a financially 17 eligible individual where the “interests of justice so require.” 18 U.S.C. § 3006A; see also 18 Weygardt v. Look, 718 F.2d 952 (9th Cir. 1983). It appears from the record that appointment of 19 counsel may be warranted in the instant action. The Court thus ORDERS: 20 (1) This matter is referred to the Office of the Federal Public Defender for review. 21 (2) Within twenty-one (21) days of the date this Order is signed, the Office of the 22 Federal Public Defender shall advise the Court whether it intends to seek appointment in this 23 matter. If the Office of the Federal Public Defender determines that it will seek appointment in ORDER - 1 1 this matter, it shall assist petitioner in preparing a revised motion for appointment of counsel, as 2 well as a financial affidavit that will allow the Court to determine whether petitioner is 3 financially eligible for such an appointment. 4 5 6 (3) The Clerk is directed to send copies of this Order to the parties, to the Office of the Federal Public Defender, and to the Honorable Richard A. Jones. DATED this 7th day of February, 2017. 7 A 8 Mary Alice Theiler United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER - 2

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