Valencia v. Martel

Filing 6

ORDER Denying Motion For Appointment Of Counsel (Document # 2 ), signed by Magistrate Judge Sheila K. Oberto on 6/29/2011. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID J. VALENCIA, JR., 12 13 14 1:11-cv-01066 SKO (HC) Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL vs. DIRECTOR OF CORRECTIONS AND REHABILITATION, (DOCUMENT #2) 15 Respondent. 16 ____________________________________/ 17 Petitioner has requested the appointment of counsel. There currently exists no 18 absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 19 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). 20 However, 18 U.S.C. ยง 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of 21 the case if "the interests of justice so require." See Rule 8(c), Rules Governing Section 2254 22 Cases. In the present case, the Court does not find that the interests of justice require the 23 appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that 24 Petitioner's request for appointment of counsel is denied. 25 IT IS SO ORDERED. 26 27 28 Dated: 3em3ec June 29, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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