Montano v. Stanislaus County et al

Filing 8

ORDER denying 2 Motion to Appoint Counsel, granting 3 Motion to Proceed in forma pauperis, signed by Judge Lawrence J. O'Neill on 1/25/06. (Robles, S)

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(HC) Montano v. Stanislaus County et al Doc. 8 Case 1:06-cv-00044-OWW-LJO 1 2 3 4 5 6 7 8 9 10 11 12 ANTONIO V. MONTANO, 13 Petitioner, 14 v. 15 STANISLAUS COUNTY, et al., 16 Respondents. 17 18 Document 8 Filed 01/26/2006 Page 1 of 2 UNITED STATES DISTRICT COURT EAS TER N DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) 1:06-CV-0044 OWW LJO HC ORDER GRANTING MOTION TO PROCE ED IN FORMA PAUPERIS [Doc. #3] ORDER DENYING MOTION TO APPOINT COUNSEL [Doc. #2] Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. 2254. 20 On December 30, 2005, Petitioner filed an application to proceed in forma pauperis along 21 with a certified copy of his prison trust account. Examination of these documents reveals that 22 Petitioner is unable to afford the costs of this action. Accordingly, the motion to proceed in forma 23 pauperis is GRANTED. See 28 U.S.C. 1915. 24 Also on December 30, 2005, Petitioner filed a motion to appoint counsel. There currently 25 exists no absolute right to appointment of counsel in habeas proceedings. See e.g., Anderson v. 26 27 28 U . S . District C o u r t E. D . C alifor nia cd 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 1 Dockets.Justia.com Case 1:06-cv-00044-OWW-LJO 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 U . S . District C o u r t E. D . C alifor nia cd Document 8 Filed 01/26/2006 Page 2 of 2 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, Petitioner's request for appointment of counsel is DENIED without prejudice. IT IS SO ORDERED. Dated: 23ehd0 January 25, 2006 /s/ Lawrence J. O'Neill UNITED STATES MAGISTRATE JUDGE 2

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