Yocom v. Curry

Filing 26

ORDER DENYING 25 Motion to Appoint Counsel signed by Magistrate Judge Sandra M. Snyder on 9/29/2010. (Sant Agata, S)

(HC) Yocom v. Curry

Doc. 26

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 IT IS SO ORDERED. Dated: ah0l4d September 29, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE vs. BEN CURRY, (DOCUMENT #25) 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, at this time, IT IS HEREBY ORDERED that Petitioner's request for appointment of counsel is denied without prejudice. MICHAEL ALLAN YOCOM, Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 1:09-cv-01150-SMS (HC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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