Gaddy v. Hedgpeth

Filing 32

ORDER Denying 31 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 6/29/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL GADDY,

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1:09-cv-01203 AWI JLT (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

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vs.

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A. HEDGPETH,
(Doc. 31)

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Respondent.
____________________________________/

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Petitioner has requested the appointment of counsel, citing the complexity of the

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issues, limited law library access, and the need for additional discovery, as grounds therefore.

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(Doc. 31). There currently exists no absolute right to appointment of counsel in habeas

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proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v.

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Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. § 3006A(a)(2)(B)

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authorizes the appointment of counsel at any stage of the case if "the interests of justice so

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require." See Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the Court

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does not find that the interests of justice require the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of
counsel is denied.

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IT IS SO ORDERED.

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Dated: June 29, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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