Jones v. Knipp

Filing 13

ORDER denying 8 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 06/06/11. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILLIP BLAIR JONES, 11 Petitioner, No. CIV S-11-1006 GGH P Respondent. ORDER 12 13 vs. KNIPP, 14 15 / 16 Petitioner has requested the appointment of counsel. There currently exists no 17 absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 18 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at 19 any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing 20 § 2254 Cases. In the present case, the court does not find that the interests of justice would be 21 served by the appointment of counsel at the present time. 22 ///// 23 ///// 24 ///// 25 ///// 26 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that petitioner’s May 10, 2011, request 2 for appointment of counsel (Docket No. 8) is denied without prejudice to a renewal of the motion 3 at a later stage of the proceedings. 4 DATED: June 6, 2011 5 /s/ Gregory G. Hollows 6 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 7 8 GGH:kly jone1006.110 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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