Hernandez v. New Folsom State Prison Warden
Filing
15
ORDER Denying 13 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 03/31/2010. (Flores, E)
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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. NEW FOLSOM STATE PRISON WARDEN, (DOCUMENT #13) Respondent. ____________________________________/ Petitioner has requested the appointment of counsel, on the grounds that he lacks the legal background to effectively represent himself and because the severity of the sentence, i.e., life without the possibility of parole, justifies legal representation. (Doc. 13). 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, despite the severity of Petitioner's sentence, the Court does not find that the interests of justice require the appointment of counsel at the present time. /// /// JOSE J. HERNANDEZ, Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 1:10-cv-00391-JLT (HC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
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Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of counsel (Doc. 13), is DENIED.
IT IS SO ORDERED. Dated: March 31, 2010 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE
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