Brown v. United States

• Court: District Court, W.D. Washington
• Decided: July 16, 2020
• Docket: 2:20-cv-00929
• Status: Unknown

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 JOHN EMMETT BROWN, CASE NO. C20-929 MJP 11 Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 12 v. 13 UNITED STATES OF AMERICA, 14 Respondent. 15 16 This matter comes before the Court on Petitioner’s motion for appointment of counsel 17 (Dkt. No. 2). The Court, having reviewed Petitioner’s motion and the related record, DENIES 18 the motion. 19 There is no right to have counsel appointed in cases brought under 28 U.S.C. § 2255 20 unless an evidentiary hearing is required. See Terrovona v. Kincheloe, 852 F.2d 424, 429 (9th 21 Cir. 1988); Brown v. Vasquez, 952 F.2d 1164, 1168 (9th Cir. 1991), cert. denied, 503 U.S. 1011 22 (1992); and Rule 8(c) of the Rules Governing Section § 2255 Cases in the United States District 23 Courts. The Court may exercise its discretion to appoint counsel for a financially eligible 24 individual where the “interests of justice so require.” 18 U.S.C. § 3006A. However, Petitioner 1 fails to satisfy the Court that the interests of justice are best served by appointment counsel at 2 this juncture. If the Court later orders an evidentiary hearing, the Court will appoint counsel if 3 Petitioner qualifies. 4

5 The clerk is ordered to provide copies of this order to all counsel. 6 Dated July 16, 2020.

A 7 8 Marsha J. Pechman 9 United States Senior District Judge

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