Wirsz v. Sugrue

Filing 17

ORDER DENYING 4 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 6/18/2010. (Sant Agata, S)

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. JOHN SUGRUE, Warden, (Doc. 4) Respondent. ____________________________________/ Petitioner has requested the appointment of counsel for this habeas petition as well as appointment of an immigration lawyer. (Doc. 4). Petitioner cites no reasons whatsoever in support of his requests. 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 require the appointment of counsel at the present time. /// /// /// COREY DARRYL WIRSZ, Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 1:09-cv-01204-JLT (HC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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Accordingly, IT IS HEREBY ORDERED that petitioner's request for appointment of counsel (Doc. 4), is DENIED.

IT IS SO ORDERED. Dated: June 18, 2010 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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