Martinez v. Salazar

Filing 16

ORDER DENYING 15 Motion to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 8/24/2010. (Jessen, A)

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(HC) Martinez v. Salazar Doc. 16 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. J.F. SALAZAR, (DOCUMENT #15) Respondent. ____________________________________/ Petitioner has requested the appointment of counsel. 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. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. 3006A(a)(2)(B) 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 is denied. IT IS SO ORDERED. Dated: ah0l4d MARIO MARTINEZ, Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 1:10-cv-01192 LJO DLB (HC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA August 24, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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