Opinion
CASE NO. C14-5025 BHS
06-24-2014
JERELL MARSHON JACKSON, Petitioner, v. PATRICK GLEBE, Respondent.
ORDER DENYING MOTION TO
APPOINT COUNSEL AND
ADOPTING REPORT AND
RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 37), Petitioner Jerell Marshon Jackson's ("Jackson") objections to the R&R (Dkt. 39), and Jackson's motion to appoint counsel (Dkt. 38).
On May 14, 2014, Judge Creatura issued the R&R recommending that the Court deny Jackson's petition because Jackson failed to show a right to relief on a self-representation claim when Jackson voluntarily withdrew his request to represent himself. Dkt. 37. On May 19, 2014, Jackson filed a motion to appoint counsel. Dkt. 38. On May 28, 2014, Jackson filed objections to the R&R arguing that his constitutional right to self representation was violated. Dkt. 39. Jackson, however, fails to address the key fact in his case, which is that he told the Superior Court judge, "I don't wish to go pro se, but I would like another lawyer." Ultimately, he was provided a different lawyer and he never again asked to represent himself, and thus was never denied such a request. s request to represent himself. Therefore, the objections are without merit and the motion to appoint is moot.
The Court having considered the R&R, Jackson's objections, and the remaining record, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Jackson's petition is DENIED;
(3) The motion to appoint is DENIED as moot;
(4) The Court declines to issue a certification of appealability; and
(5) The Clerk shall close this matter.
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BENJAMIN H. SETTLE
United States District Judge