Bennett v. Sisto, et al

Filing 16

ORDER signed by District Judge Virginia A. Phillips on 03/30/10 ORDERING that the 15 Motion to Appoint Counsel is DENIED. (Benson, A.)

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1 2 3 4 5 6 7 8 9 10 TOSSIE BENNETT, 11 Petitioner, 12 v. 13 D.K. SISTO, LINDA 14 SHELTON, JAMES NIELSEN, MILTON SIMS, MICHAEL 15 BROWN, KENNETH GRIFFIN, ESHA MAE BROWN, and 16 BOARD OF PAROLE HEARINGS, 17 Respondents. 18 ________________________ / 19 [Motion filed on January 6, 2009] ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL Case No. CIV S-07-2367 VAP (HC) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Petitioner is a state prisoner proceeding pro se in a 20 habeas corpus action pursuant to 28 U.S.C. § 2254. The 21 petition was filed on November 5, 2007. On January 5, 22 2009, the action was transferred to this Court pursuant 23 to an Order of Designation of Judge to Serve in Another 24 District Within the Ninth Circuit. 25 26 On January 6, 2009, Petitioner filed a motion seeking There is no right to See Nevius 27 the appointment of counsel. 28 appointment of counsel in habeas proceedings. 1 v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The Court 2 may appointment counsel at any stage of the proceedings 3 "if the interests of justice so require." See 18 U.S.C. 4 § 3006A; see also Rule 8(c), Rules Governing Section 2254 5 Cases. The Court does not find that the interests of 6 justice would be served by the appointment of counsel at 7 this stage of the proceedings. Therefore, IT IS SO 8 ORDERED that Petitioner's motion for the appointment of 9 counsel is DENIED. 10 11 Dated: March 30, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 VIRGINIA A. PHILLIPS United States District Judge

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