Opinion
Criminal No. 3:07-CR-046-L.
April 29, 2008
ORDER
Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, the Motion to Withdraw and for Appointment of Counsel filed by counsel for Defendant was referred to United States Magistrate Judge Wm. F. Sanderson, Jr. for hearing, if necessary, and for determination. On March 31, 2008, the Order and Recommendation of United States Magistrate Judge was filed, to which Defendant did not object. The Magistrate Judge granted the motion to withdraw as counsel of record and relieved Mr. Don Bailey from further representation of Defendant. The court hereby accepts the Magistrate Judge's recommendation that Defendant's request for appointment of counsel on appeal be denied as Defendant has failed to show that he is a person unable to pay for the services of counsel on appeal. Accordingly, Defendant's request for appointment of counsel is denied.