Dupree v. Federal Bureau of Investigations

Filing 10

ORDER DENYING 9 Motion to Appoint Counsel, signed by Magistrate Judge Michael J. Seng on 12/20/2010. (Marrujo, C)

(HC) Dupree v. Federal Bureau of Investigations

Doc. 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Respondent. 16 _________________________________/ 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: December 20, 2010 /s/ 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 vs. FEDERAL BUREAU OF INVESTIGATIONS, (Doc. 9) RICHARD JOSE DUPREE , Petitioner, ORDER DENYING PETITIONER'S SECOND MOTION FOR APPOINTMENT OF COUNSEL 1:10-cv-1961 MJS (HC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ORDERED that Petitioner's request for appointment of counsel is denied.

Michael J. Seng
Dockets.Justia.com

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

92b0h

UNITED STATES MAGISTRATE JUDGE

2