Bledsoe v. Martel

Filing 17

ORDER denying 16 Motion to Appoint Counsel signed by Magistrate Judge John F. Moulds on 11/07/11. (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 CHARLES BLEDSOE, 11 Petitioner, 12 13 No. 2:11-cv-1590 MCE JFM (HC) vs. M. MARTEL, Warden, 14 Respondent. 15 ORDER / 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 October 19, 2011 2 motion for appointment of counsel is denied without prejudice. 3 DATED: November 7, 2011. 4 5 6 7 8 12/kly bled1590.110 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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