Collier v. Fulwood et al

Filing 9

ORDER DENYING 8 Motion to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 4/14/2010. (Sant Agata, S)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 ISAAC FULWOOD, JR., 13 Respondent. 14 15 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. 2241. 17 On March 18, 2010, Petitioner filed a motion for appointment of counsel. There currently 18 exists no absolute right to appointment of counsel in habeas proceedings. See e.g., Anderson v. 19 20 21 authorizes the appointment of counsel at any stage of the case "if the interests of justice so 22 require." See, Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the court 23 does not find that the interests of justice would be served by the appointment of counsel at the 24 present time. Accordingly, petitioner's request for appointment of counsel is DENIED. 25 26 IT IS SO ORDERED. 27 Dated: 28 ah0l4d 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 / v. WILLIAM H. COLLIER, JR. Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL [Doc. 8] 1:10-cv-00205-LJO DLB (HC) UNITED STATES DISTRICT COURT April 14, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 1

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