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Raglin v. Mitchell

September 21, 2006

WALTER RAGLIN, PETITIONER,
v.
BETTY MITCHELL, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

District Judge Walter Herbert Rice

DECISION AND ORDER DENYING MOTION FOR NEW COUNSEL

This capital habeas corpus case is before the Court on Petitioner's request for appointment of replacement counsel (Doc. No. 103).

The status of this case is that it is fully ripe for Judge Rice's consideration on Petitioner's Objections to the Magistrate Judge's Report and Recommendations and Supplemental Report and Recommendations. Thus the case has been fully litigated on the merits.

Mr. Raglin complains that his present counsel, James Owen, is "not presenting my death penalty case like a lawyer should be," but the only specific complaint he makes about Mr. Owen is that Mr. Owen had not sent him copies of requested papers in the case ("all present motions, briefs, and a copy of my trial transcripts, future motions, briefs that he plans on filing in my case") despite a request some two weeks prior to the request to replace Mr. Owen. Petitioner has not demonstrated that he has a need for the extraordinary number of copies he requests. Nor has he demonstrated that Mr. Owen has failed properly to represent him.

The request to appoint substitute counsel is DENIED. Petitioner's counsel shall provide him with a copy of this Decision and Order.

Michael R. Merz Chief United States Magistrate Judge

20060921

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