Newman v. Schwochert

Filing 15

ORDER signed by Chief Judge William C Griesbach on 5-3-13 denying 12 Motion for Reconsideration ; granting 14 Motion for Extension of Time. (cc: all counsel) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DANIEL NEWMAN,
Petitioner,
v.

Case No. 13-C-103

JAMES SCHWOCHERT,
Respondent.

ORDER

Petitioner has renewed his request for appointment of counsel. In his motion, he lists several
attorneys he has contacted in an effort to obtain counsel on his own. Even so, I am not satisfied that
the interests of justice would be served by having the taxpayers fund an attorney in this action. The
principal reason is that Petitioner’s claims have already been briefed at the state court level and the
state courts have addressed them. Although the federal court’s role is somewhat different in these
circumstances, it is difficult to conclude that Petitioner’s action would benefit significantly from
further briefing or argument. Federal courts have a great deal of experience in independently
addressing § 2254 actions (most of which are pro se), and I am satisfied from my review of the
record that counsel will not be required.
The motion for reconsideration is DENIED.

The motion for an extension of time will be GRANTED in part. Petitioner will be granted
an additional 60 days in which to respond to the Respondent’s brief. His response will be due July
1, 2013.
SO ORDERED this 3rd day of May, 2013.

/s William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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