Closner v. Premo
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/30/11 DENYING without prejudice 6 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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LESLIE CLOSNER,
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Petitioner,
No. 2:11-cv-1531 JAM KJN P
Respondent.
ORDER
vs.
J. PREMO,
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/
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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 June 24, 2011 request
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for appointment of counsel is denied without prejudice.
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DATED: June 30, 2011
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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clos1531.110
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