Lopez v. Allison
Filing
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ORDER DENYING 10 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 11/23/2011. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RAFAEL LOPEZ,
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1:11-cv-01781-AWI-JLT-(HC)
Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
vs.
KATHY ALLISON,
(Doc. 10)
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Respondent.
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Petitioner has requested the appointment of counsel, citing his lack of legal training,
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his lack of access to the prison law library, his lack of income, and his unfamiliarity with the
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court system as grounds therefore. (Doc. 10). There currently exists no absolute right to
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appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479,
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481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18
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U.S.C. ยง 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the
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interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the
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present case, the Court does not find that the interests of justice require the appointment of
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counsel at the present time. Accordingly, IT IS HEREBY ORDERED that Petitioner's request
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for appointment of counsel is denied.
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IT IS SO ORDERED.
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Dated: November 23, 2011
9j7khi
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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