*1 Case 3:06-cv-05192-RBL Document 12 Filed 06/01/06 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA WILLIAM C. ULERY,
Petitioner, Case No. C06-5192RBL v. ORDER DENYING COUNSEL DOUG WADDINGTON,
Respondent. This 28 U.S.C. § 2254 petition has been assigned to the undersigned Magistrate Judge.
Petitioner has filed a letter asking how to get counsel appointed to him. (Dkt. #11). The letter was not served on opposing counsel, however, the court considers the letter as a motion for appointment of counsel.
There is no right to have counsel appointed in cases brought under 28 U.S.C. § 2254 unless an evidentiary hearing is required, because the action is civil, not criminal, in nature. See Terravona v. Kincheloe, 852 F.2d 424, 429 (9th Cir. 1988); Brown v. Vasquez, 952 F.2d 1164, 1168 (9th Cir. 1992); and Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts. ORDER- 1
*2 Case 3:06-cv-05192-RBL Document 12 Filed 06/01/06 Page 2 of 2 An evidentiary hearing has not been granted in this case. Further, the claims in the petition are adequately set forth and articulated. Petitioner's motion for appointment of counsel (Dkt. # 11) is therefore DENIED .
The clerk is directed to send copies of this order to petitioner and counsel for respondent. DATED this 1 st day of June, 2006.
/S/ J. Kelley Arnold J. Kelley Arnold United States Magistrate Judge ORDER- 2