Ibarra v. Hedgpeth
Filing
77
ORDER Denying 74 Motion to Appoint Counsel, signed by Magistrate Judge Stanley A. Boone on 9/19/13. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHNNY LUGO IBARRA, IV,
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Petitioner,
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v.
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ANTHONY HEDGPETH,
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Respondent.
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Case No.: 1:10-cv-01809 LJO SAB HC
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
[Doc. #74]
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254.
On September 16, 2013, Petitioner filed a motion for appointment of counsel. There currently
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exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v.
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Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984).
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However, 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case
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if "the interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the
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present case, the Court does not find that the interests of justice require the appointment of counsel at
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the present time.
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Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of counsel
is denied.
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IT IS SO ORDERED.
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Dated:
September 19, 2013
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UNITED STATES MAGISTRATE JUDGE
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