Quirino v. Gonzales

Filing 6

ORDER DENYING Motion for Appointment of Counsel, signed by Magistrate Judge Jennifer L. Thurston on 8/22/10. (Hellings, J)

(HC) Quirino v. Gonzales

Doc. 6

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. TERRI GONZALES, (Doc. 3) Respondent. ____________________________________/ Petitioner has requested the appointment of counsel, citing his lack of money to retain private counsel and the complexity of the case. (Doc. 3). 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 (Doc. 3), is denied. IT IS SO ORDERED. Dated: August 22, 2010 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE JOHNNY QUIRINO, Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 1:10-cv-01467-JLT (HC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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