Dupree v. Federal Bureau of Investigations

Filing 7

ORDER Denying 5 Motion to Appoint Counsel signed by Magistrate Judge Michael J. Seng on 11/08/2010. (Flores, E)

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(HC) Dupree v. Federal Bureau of Investigations Doc. 7 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 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: November 8, 2010 /s/ vs. FEDERAL BUREAU OF INVESTIGATIONS, RICHARD JOSE DUPREE, Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Doc. 5) 1:10-cv-1961-MJS (HC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 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

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