Sims v. On Habeas Corpus
Filing
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ORDER DENYING 15 Motion to Appoint Counsel signed by Magistrate Judge Michael J. Seng on 6/22/2011. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RANDY SCOTT SIMS,
1:10-cv-2287 MJS (HC)
Petitioner,
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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
vs.
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ON HABEAS CORPUS,
(Doc. 15)
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Respondent.
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_________________________________/
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Petitioner has requested the appointment of counsel. There currently exists no
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absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v.
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Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir.
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1984). However, Title 18 U.S.C. ยง 3006A(a)(2)(B) authorizes the appointment of counsel at
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any stage of the case if "the interests of justice so require." See Rule 8(c), Rules Governing
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Section 2254 Cases. In the present case, the Court does not find that the interests of justice
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require the appointment of counsel at the present time.
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ORDERED that Petitioner's request for appointment of counsel is denied.
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IT IS SO ORDERED.
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Dated:
92b0h
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June 22, 2011
Accordingly, IT IS HEREBY
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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