Brennan v. U.S.

Full title: WILLIAM A. BRENNAN, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, W.D. Virginia, Roanoke Division

Date published: Sep 7, 2005

Case No. 7:05cv00300 (W.D. Va. Sep. 7, 2005)

Opinion

Case No. 7:05cv00300.

September 7, 2005

MEMORANDUM OPINION AND ORDER

SAMUEL WILSON, District Judge

This matter is before the court on the petitioner's motion requesting appointment of counsel. The court shall only appoint counsel to a habeas petitioner in conjunction with an evidentiary hearing or when the court determines that the interests of justice otherwise require appointment of counsel. 18 U.S.C. § 3006A. The court has not granted Brennan an evidentiary hearing, and because of the relative simplicity of Brennan's claims and because of his established ability to communicate with the court, the court does not find that the interests of justice require appointment of counsel.

Accordingly, the court finds that the Brennan has not alleged circumstances justifying appointment of counsel at this time, and it is hereby ORDERED that Brennan's motion is DENIED. Brennan may renew his request for appointment of counsel at any later time, should the need for a hearing arise in this action.