James v. Lopez
Filing
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ORDER Denying 2 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 6/16/11. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RYAN JOSEPH JAMES,
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Petitioner,
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1:11-cv-00787-JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
vs.
RAUL LOPEZ,
(Doc. 2)
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Respondent.
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Petitioner has requested the appointment of counsel, contending that he is indigent
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and unable to afford to retain counsel himself. (Doc. 2). There currently exists no absolute
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right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d
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479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However,
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Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the
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case if “the interests of justice so require.” See Rule 8(c), Rules Governing Section 2254
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Cases. In the present case, the Court does not find that the interests of justice require the
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appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that
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Petitioner's request for appointment of counsel (Doc. 2), is DENIED.
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IT IS SO ORDERED.
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Dated: June 16, 2011
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/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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