Newell, Donald v. Smith, Judy

Filing 12

ORDER DENYING petitioner Donald Newell's 6 motion for reconsideration of the order denying his petition for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner's request for appointment of counsel is DENIED as well because he has shown no need for the assistance of counsel. Signed by District Judge Barbara B. Crabb on 9/09/2014. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DONALD NEWELL,
ORDER
Petitioner,
14-cv-448-bbc.
v.
JUDY P. SMITH, Warden,
Respondent.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Petitioner Donald Newell has moved for reconsideration of the order entered in this
case on July 30, 2014, denying his petition for a writ of habeas corpus. He has also asked
for appointment of counsel, arguing that he has shown he has a colorable claim and needs
help presenting it. Petitioner has no colorable claim to file a fourth petition for a writ of
habeas corpus; he has had a full and fair opportunity to litigate his claim that he was in state
custody illegally, as explained in the order denying his fourth petition. Op. & Order, dkt.
#4. Therefore, both his motion for reconsideration and his request for counsel will be
denied.

ORDER
Petitioner Donald Newell’s motion, dkt. #6, for reconsideration of the order denying
his petition for a writ of habeas corpus under 28 U.S.C. § 2254 is DENIED. His request for

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appointment of counsel is DENIED as well because he has shown no need for the assistance
of counsel.
Entered this 9th day of September, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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