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United States of America v. Jonathan David Duke

November 21, 2011

UNITED STATES OF AMERICA,
v.
JONATHAN DAVID DUKE, PETITIONER.



The opinion of the court was delivered by: Gary R. Jones United States Magistrate Judge

ORDER

This matter is before the Court on Doc. 112, Petitioner's "Motion For Reconsideration of Counsel." Petitioner requests the Court to reconsider its previous order denying Petitioner's request for appointment of counsel to represent him in his Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence By A Person In Federal Custody. On September 21, 2009 (Doc. 82) the Court denied Petitioner's request to reconsider the Court's previous order denying Plaintiff's request for appointment of counsel. Petitioner's Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence By A Person In Federal Custody is presently under advisement by the Court. Appointment of counsel in a habeas case such as this is generally only necessary when the Court determines that an evidentiary hearing is required to resolve the petition. At this juncture there does not appear to be any need for an evidentiary hearing and therefore no necessity for the appointment of counsel.

Upon due consideration, it is ORDERED:

Petitioner's Motion For Reconsideration of Counsel.(Doc. 112) is DENIED.

Gary R. Jones

20111121

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