Hackett v. City of Fresno

Filing 11

ORDER Denying Motion For Waiver Of Filing Fees As Moot, ORDER Denying Motion For Appointment Of Counsel 8 , signed by Magistrate Judge Sandra M. Snyder on 1/23/2009. (Scrivner, E)

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. CITY OF FRESNO, Respondent. ____________________________________/ On January 12, 2009, petitioner filed a motion for the waiver of the filing fees in this matter and a motion for the appointment of counsel. Due to the fact that the Court granted petitioner leave to proceed in forma pauperis in this matter on August 18, 2008, the motion for the waiver of the filing fees shall be denied. As to the motion for 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 ///// ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (DOCUMENT #8) ERIC LEE HACKETT, Petitioner, 1:08-cv-01041 AWI SMS (HC) ORDER DENYING MOTION FOR WAIVER OF FILING FEES AS MOOT UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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justice would be served by the appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that: 1. 2. Petitioner's motion for the waiver of the filing fees in this matter is DENIED; Petitioner's motion for appointment of counsel is DENIED.

IT IS SO ORDERED. Dated: 23ehd0 January 23, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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