Mays v. Adams

Filing 27

ORDER DENYING 26 Motion to Appoint Counsel signed by Magistrate Judge William M. Wunderlich on 4/16/2009. (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Petitioner is a state prisoner proceeding pro se with a petition for habeas corpus pursuant to 28 18 U.S.C. § 2254. 19 Petitioner has requested the appointment of counsel. There currently exists no absolute 20 right to appointment of counsel in habeas proceedings. See e.g., Anderson v. Heinze, 258 F.2d 21 479, 481 (9th Cir.), cert. denied, 358 U.S. 889 (1958); Mitchell v. Wyrick, 727 F.2d 773 (8th Cir.), 22 cert. denied, 469 U.S. 823 (1984). However, Title 18 U.S.C. § 3006A authorizes the appointment 23 of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Rules 24 Governing Section 2254 Cases. In the present case, the court does not find that the interests of 25 justice would be served by the appointment of counsel at the present time. 26 27 Accordingly, IT IS HEREBY ORDERED that petitioner's request for appointment of 28 vs. DERRAL ADAMS, (DOCUMENT #26) Respondent. ____________________________________/ MARTIN MAYS, Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 1:06-cv-00990 WMW (HC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

counsel is denied.

IT IS SO ORDERED. Dated: 0ce24h April 16, 2009 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

2