Opinion
Case No. 1:04-CR-126-01.
July 26, 2006
ORDER
Defendant Avery Chatman has submitted to the Court a letter motion, received by the Clerk on or about July 25, 2006. The letter motion alternatively requests either legal advice regarding Defendant's failure to timely appeal the Court's Final Order of December 2, 2005 denying him relief under 28 U.S.C. § 2255, or appointment of counsel to provide such advice. This Court will do neither. The Court's role is to serve as an impartial adjudicator of the facts and law; it is not to provide advisory legal rulings to the parties. See North Carolina v. Rice, 404 U.S. 244, 246 (1971). Regarding appointment of counsel, appointment is now futile because the Sixth Circuit Court of Appeals now lacks jurisdiction to entertain an appeal on Defendant's behalf as indicated by the Sixth Circuit's letter of February 9, 2006. THEREFORE, IT IS HEREBY ORDERED that Defendant Avery Chatman's letter motion (Dkt. No. 52) is DENIED.
Motions for appointment of counsel are also typically unnecessary in the case of a timely appeal because under Sixth Circuit Court of Appeals I.O.P. 22(b), the Clerk routinely appoints counsel for paupers pursuing section 2255 appeals.