Jenkins v. Yates
Filing
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ORDER signed by Magistrate Judge John F. Moulds on 6/13/11 DENYING without prejudice 20 Motion to Appoint Counsel. (Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMAL ALBERT JENKINS,
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Petitioner,
vs.
JAMES A. YATES,
Respondent.
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No. 2:11-cv-0288 LKK JFM (HC)
ORDER
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Petitioner has requested the appointment of counsel. There currently exists no
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absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d
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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at
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any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing
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§ 2254 Cases. In the present case, the court does not find that the interests of justice would be
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served by the appointment of counsel at the present time.
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Accordingly, IT IS HEREBY ORDERED that petitioner’s May 31, 2011 motion
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for appointment of counsel is denied without prejudice.
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DATED: June 13, 2011.
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12/kly/jenk0288.110(2)
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