Chance v. Martell
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/16/2011 DENYING petitioner's 21 motion for appointment of counsel. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KENNETH WAYNE CHANCE,
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Petitioner,
No. 2:11-cv-0562 GEB KJN P
vs.
M. MARTELL,
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Respondent.
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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 November 8, 2011
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motion for appointment of counsel (Docket No. 21) is denied.
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DATED: November 16, 2011
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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chan0562.110
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