York v. Miller-Stout

Filing 20

ORDER denying 14 Motion to Appoint Counsel. Signed by Magistrate Judge Karen L Strombom.(CMG; copy mailed to Petitioner)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER DENYING MOTION FOR COUNSEL - 1 he failed to place his name and number on his previous application for counsel. Id., p. 3. The court considered and denied Petitioner's initial application for counsel (Dkt. 8) because there is no right to have counsel appointed in cases brought under 28 U.S.C. § 2254 unless an evidentiary hearing is required, no evidentiary hearing has been granted in this case and the claims are adequately set forth and articulated. The court's order is dated November 10, 2009, but was not docketed and mailed to Petitioner until November 16, 2009. Dkt. 12. The petitioner's amended motion and the court's order appear to have crossed in the mails. v. MAGGIE MILLER-STOUT, Respondent. Before the court is Petitioner's Amended Motion For Appointment of Counsel. Dkt. 14. Petitioner states that he is submitting this amended motion (dated November 19, 2009), because ORDER DENYING AMENDED MOTION FOR THE APPOINTMENT OF COUNSEL RICHARD D. YORK, Petitioner, No. C09-5513 RBL/KLS UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

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Accordingly, it is ORDERED that Petitioner's Amended Motion for Appointment of Counsel (Dkt. 14) is DENIED as moot. The Clerk is directed to send copies of this Order to Petitioner. DATED this 14th day of December, 2009.

A

Karen L. Strombom United States Magistrate Judge

ORDER DENYING MOTION FOR COUNSEL - 2