Citation Codes Equivalent Citations citation codes Docket Number Case No. 05-71301. Judges Avern Levin Cohn Acts Crimes And Criminal Procedure — General Provisions — Criminal Procedure — Adequate Representation Of Defendants See more information ... Smart Summary Please sign up to generate summary. JAMES HALE, #182038, Petitioner, v. SHERRY BURT, Respondent. ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AVERN COHN, District Judge Before the Court is the Petitioner's Motion for Appointment of Counsel. Petitioner has no absolute right to be represented by counsel on habeas corpus review. Furthermore, neither an evidentiary hearing nor discovery have been requested or are necessary at this time. The interests of justice do not require appointment of counsel 18 U.S.C. § 3006A(a)(2)(B); 28 U.S.C. foll. § 2254, Rules 6(a) and 8(c). Accordingly, the Court DENIES the motion WITHOUT PREJUDICE. The Court will reconsider the motion if, following the receipt and review of the responsive pleading and Rule 5 materials, it is determined that appointment of counsel is necessary. SO ORDERED.