Larry McCorvey v. Probation Department, et al

Filing 7

ORDER DENYING 4 Motion to Appoint Counsel, signed by Judge William M. Wunderlich on 05/16/2007. (Martin, S)

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(HC) Larry McCorvey v. Probation Department, et al Doc. 7 Case 1:07-cv-00668-LJO-WMW 1 2 3 4 5 6 7 8 9 10 Document 7 Filed 05/17/2007 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 May 16, 2007 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE v. PROBATION DEPARTMENT, Respondent. LARRY McCORVEY, Petitioner, ) ) ) ) ) ) ) ) ) ) 1:07-cv-00668-LJO-WMW-HC ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL Dockets.Justia.com

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