Spence v. People of The State of California

Filing 52

ORDER DENYING 51 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 8/30/2010. (Marrujo, C)

(HC) Spence v. People of The State of California

Doc. 52

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 vs. PEOPLE OF THE STATE OF CALIFORNIA, (DOCUMENT #51) Respondent. ____________________________________/ 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. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. § 3006A(a)(2)(B) 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 require 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: 3em3ec August 30, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE EDDIE C. SPENCE, Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 1:08-cv-00045 AWI SKO (HC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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