Moten v. Woodford

Filing 14

ORDER DENYING 4 Request for apppointment of counsel filed by Jesse T Moten, signed by Judge Theresa A. Goldner on 2/17/06. (Keeler, P)

(HC) Moten v. Woodford

Doc. 14

Case 1:05-cv-01635-OWW-TAG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: j6eb3d February 17, 2006 JESSE E. MOTEN,

Document 14

Filed 02/21/2006

Page 1 of 1

UNITED STATES DISTRICT COURT EAS TER N DISTRICT OF CALIFORNIA

) ) Petitioner, ) ) v. ) ) JEANNE WOODFORD, ) ) ) Respondent. ) ____________________________________)

1:05-cv-01635-OWW-TAG HC ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Doc. 4)

Petitioner has requested the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir.), cert. denied, 358 U.S. 889 (1958); Mitchell v. Wyrick, 727 F.2d 773 (8th Cir.), cert. denied, 469 U.S. 823 (1984). However, Title 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the Court does not find that the interests of justice would be served by the appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that Petitioner's motion for appointment of counsel (Doc. 4), is DENIED.

/s/ Theresa A. Goldner UNITED STATES MAGISTRATE JUDGE

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