McIntosh v. Yates
Filing
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ORDER denying 23 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 11/07/11. (Plummer, 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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GARY LEMONT McINTOSH,
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Petitioner,
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No. CIV S-11-0609 GEB DAD P
vs.
JAMES A. YATES,
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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 October 28, 2011,
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request for appointment of counsel (Doc. No. 23) is denied without prejudice to a renewal of the
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motion at a later stage of the proceedings.
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DATED: November 7, 2011.
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DAD:kly
mcin0609.110
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