Opinion
CASE NO. C11-1352-MJP-MAT CASE NO. CR04-512-MJP
09-08-2011
WARREN ERIC ARMSTEAD, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER DENYING PETITIONER'S
MOTION FOR APPOINTMENT OF COUNSEL
This is a matter brought pursuant to 28 U.S.C. § 2255. Petitioner has presented to the Court for consideration a motion requesting appointment of counsel and requesting transcripts. The Court, having reviewed petitioner's motion, does hereby find and ORDER as follows:
(1) Petitioner's request for appointment of counsel (Dkt. No. 7) is DENIED. There is no right to have counsel appointed in cases brought under 28 U.S.C. § 2255 unless an evidentiary hearing is required. See Terrovona v. Kincheloe, 852 F.2d 424, 429 (9th Cir. 1988); Brown v. Vasquez, 952 F.2d 1164, 1168 (9th Cir. 1991); and Rule 8(c) of the Rules Governing Section § 2255 Cases in the United States District Courts.
The Court may exercise its discretion to appoint counsel for a financially eligible individual where the "interests of justice so require." 18 U.S.C. § 3006A. However, petitioner fails to satisfy the Court that the interests of justice are best served by appointment counsel at this juncture. If the Court later orders an evidentiary hearing, the Court will appoint counsel if petitioner qualifies.
(2) Petitioner's request for transcripts is DENIED. Petitioner does not identify which transcripts he needs nor does he provide a clear explanation of why he needs any transcripts at all. The Court notes that a number of transcripts are already on file in the underlying criminal case which petitioner may obtain by simply submitting a request to the Clerk of Court along with the requisite copy fee.
(3) The Clerk shall direct copies of this Order to petitioner, to counsel for the government, and to the Honorable Marsha J. Pechman.
Mary Alice Theiler
United States Magistrate Judge