Righetti v. Hedgpeth

Filing 4

ORDER DENYING Petitioner's 1 Request for Appointment of Counsel signed by Magistrate Judge Dennis L. Beck on 9/17/2009. (Figueroa, O)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 A. HEDGPETH, 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 Petitioner filed the instant petition for writ of habeas corpus on September 15, 2009. 18 (Court Doc. 1.) Therein, Petitioner requests the appointment of counsel. There currently exists 19 no absolute right to appointment of counsel in habeas proceedings. See e.g., Anderson v. Heinze, 20 258 F.2d 479, 481 (9th Cir.), cert. denied, 358 U.S. 889 (1958); Mitchell v. Wyrick, 727 F.2d 21 773 (8th Cir.), cert. denied, 469 U.S. 823 (1984). However, Title 18 U.S.C. § 3006A authorizes 22 the appointment of counsel at any stage of the case "if the interests of justice so require." See 23 Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the court does not find that 24 the interests of justice would be served by the appointment of counsel at the present time. 25 //// 26 //// 27 28 1 / v. [Doc. 1] GERALD RIGHETTI, Petitioner, 1:09-cv-01626-DLB (HC) ORDER DENYING PETITIONER'S REQUEST FOR APPOINTMENT OF COUNSEL

UNITED STATES DISTRICT COURT

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

IT IS SO ORDERED. Dated: ah0l4d

September 17, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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