Free Order on Motion to Appoint Counsel - District Court of Delaware - Delaware

Case 1:07-cv-00281-JJF Document 29 Filed 02/05/2008 Page1 0f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT E. EATON, :
Petitioner, ;
v. i Civ. Act. N0. 07-281-JJF
PERRY PHELPS, Z
Warden, and ATTORNEY :
GENERAL OF THE STATE :
OF DELAWARE, :
Respondents.1 E
O R D E R
Petitioner has filed a third Motion For The Appointment Of
Counsel because he started interferon injections in January and
is suffering severe side effects. (D.I. 28.) The Court denied
Petitioner’s first Motion For The Appointment Of Counsel on July
23, 2007 after determining that his medical condition did not
require the appointment of counsel at that point in time. (D.I
9.) The Court denied Petitioner's second Motion For The
Appointment Of Counsel on August 30, 2007 for the same reasons V
articulated in the Court’s first Order. (D.I. I3.) After ’
reviewing the record within the context of Petitioner's most
recent assertion about his medical condition, the Court once
again concludes that the “interests of justice" do not mandate
the appointment of counsel for the same reasons stated in the
lwarden Perry Phelps assumed office in January 2008,
replacing Warden Thomas Carroll, an original party to this case.
See Fed. R. Civ. P. 25(d)(I).

Case 1 :07-cv-00281-JJF Document 29 Filed 02/05/2008 Page 2 of 2
Court's Order dated July 23, 2007. See (D.I. 9.) Accordingly,
Petitioner'e Motion For The Appointment Of Counsel is DENIED
without prejudice to renew. (D.I. 28.)
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