Lupercio v. Gonzalez
Filing
28
ORDER DENYING 26 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 5/26/2010. (Jessen, A)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. SYLVIA GONZALEZ, (Doc. 26) Respondent. ____________________________________/ Petitioner has requested the appointment of counsel, contending simply that he cannot afford to hire an attorney. (Doc. 26). There currently exists no absolute right to appointment of counsel in habeas proceedings. See e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir.), cert. denied, 358 U.S. 889 (1958); Mitchell v. Wyrick, 727 F.2d 773 (8th Cir.), cert. denied, 469 U.S. 823 (1984). However, Title 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the Court does not find that the interests of justice require the appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that petitioner's request for appointment of counsel (Doc. 26), is DENIED. IT IS SO ORDERED. Dated: May 26, 2010 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE RAMON NAVARRO LUPERCIO, Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 1:08-cv-00012-LJO-JLT (HC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
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