Smith v. Allison, et al.
Filing
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ORDER Denying Motion For Appointment Of Counsel (Doc. 2 ), signed by Magistrate Judge Michael J. Seng on 11/15/2011. (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY L. SMITH,
Petitioner,
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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
v.
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1:11-cv-01839 MJS (HC)
K. ALLISON, et al.,
(Doc. 2)
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Respondents.
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_________________________________/
Petitioner has requested the appointment of counsel in this habeas corpus
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action.
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There currently exists no absolute right to appointment of counsel in habeas
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proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell
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v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). Title 18 U.S.C. ยง 3006A(a)(2)(B) authorizes
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the appointment of counsel at any stage of the case if "the interests of justice so require."
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See Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the Court
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does not find that the interests of justice require the appointment of counsel at the
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present time.
Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment
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of counsel is denied.
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IT IS SO ORDERED.
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Dated:
ci4d6
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November 15, 2011
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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