Ari v. Lattimore

Filing 15

ORDER DENYING 14 Motion for Appointment of Counsel signed by Magistrate Judge Jennifer L. Thurston on 5/26/2010. (Bradley, A)

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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. MARY LATTIMORE, (Doc. 14) Respondent. ____________________________________/ Petitioner has requested the appointment of counsel, asserting simply that she is indigent and cannot afford to retain counsel. (Doc. 14). 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. Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of counsel (Doc. 14), is DENIED. IT IS SO ORDERED. Dated: May 26, 2010 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE ROXANNE ARI, Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 1:10-cv-353-AWI-JLT (HC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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