Opinion
Civil Action No. 10-cv-00571-ZLW-BNB.
August 23, 2010
ORDER
This matter arises on the plaintiff's Motion for Re-Consideration Regarding the Appointment of Conflict Free Counsel Pursuant to the Criminal Justice Act, 18 U.S.C. § 3006 [Doc. #21, filed 06/04/2010] (the "Motion"). The Motion is DENIED.
This is the applicant's third request for appointment of counsel [Docs. #9 and #14]. I previously advised the applicant [Doc. #10] that "[i]n most federal courts, it is the practice to appoint counsel in post-conviction proceedings only after a petition for post-conviction relief passes initial judicial evaluation and the court has determined that issues are presented calling for an evidentiary hearing." Johnson v. Avery, 393 U.S. 483, 487 (1969) (emphasis added). The court has not made a determination that an evidentiary hearing is necessary in this case.
IT IS ORDERED that the Motion is DENIED.