Perry v. Kings County Superior Court

Filing 21

ORDER Denying Motion For Appointment Of Counsel (Doc. 20 ), signed by Magistrate Judge Michael J. Seng on 12/12/2011. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM ANTHONY PERRY,

1:10-cv-2226-MJS (HC)

Petitioner,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

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KINGS COUNTY SUPERIOR COURT,

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Respondent.

(Doc. 20)
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_________________________________/

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Petitioner has requested the appointment of counsel. There currently exists no

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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.

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1984). However, Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel

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at any stage of the case if "the interests of justice so require." See Rule 8(c), Rules

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Governing Section 2254 Cases.

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In the present case, the Court does not find that the interests of justice require

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the appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED

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

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IT IS SO ORDERED.

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Dated:
ci4d6

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December 12, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE