Pucheta v. Evans

Filing 5

ORDER denying 3 Motion to Appoint Counsel signed by Judge William M. Wunderlich on 3/2/6. (Kusamura, W)

Download PDF
(HC) Pucheta v. Evans Doc. 5 Case 1:06-cv-00057-OWW-WMW 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 HECTOR PUCHETA, Document 5 Filed 03/03/2006 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) M. S. EVANS, ) ) ) Respondent. ) ____________________________________) 1:06-CV-0057 OWW WMW HC ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (DOCUMENT #3) 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 request for appointment of counsel is denied. IT IS SO ORDERED. Dated: bl0dc4 March 2, 2006 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE Dockets.Justia.com

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?