Clever Sims v. Alberto R. Gonzales, Et Al.

Filing 6

ORDER DENYING 4 MOTION to APPOINT COUNSEL filed by Clever Sim; motion terminated; order signed by Judge William M. Wunderlich on 5/22/07. (Rooney, M)

(HC) Clever Sims v. Alberto R. Gonzales, Et Al.

Doc. 6

Case 1:07-cv-00724-AWI-WMW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Respondent. 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. ALBERTO R. GONZALES, et al., CLEVER SIM, Petitioner,

Document 6

Filed 05/22/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

1:07-cv-00724-AWI-WMW-HC

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (DOCUMENT #4) /

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 thatPpetitioner's request for appointment of counsel is denied. IT IS SO ORDERED. Dated: bl0dc4 May 22, 2007 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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