Wilson v. Marshall et al

Filing 9

ORDER DENYING 3 Motion for Appointment of Counsel. Signed by Judge Theresa A. Goldner on 2/17/06. (Hellings, J)

(HC) Wilson v. Marshall et al

Doc. 9

Case 1:06-cv-00141-ALA 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

Document 9

Filed 02/21/2006

Page 1 of 1

UNITED STATES DISTRICT COURT EAS TER N DISTRICT OF CALIFORNIA

THEODORE O'DELL WILSON,

) ) Petitioner, ) ) v. ) ) JOHN MARSHALL, et al., ) ) ) Respondents. ) ____________________________________)

1:06-cv-00141-AWI-TAG-HC ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Doc. 3)

Petitioner has requested the appointment of counsel. (Doc. 3). 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. Here, Petitioner contends that appointment of counsel is required because of the complexity of the issues in this case. (Doc. 3, p. 1). In the present case, the Court does not find that justice requires the appointment of counsel at the present time. Based on the foregoing, IT IS HEREBY ORDERED that Petitioner's request for appointment of counsel (Doc. 3), is DENIED.

/s/ Theresa A. Goldner UNITED STATES MAGISTRATE JUDGE

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