Perry v. Kings County Superior Court
ORDER Denying Motion For Appointment Of Counsel (Doc. 20 ), signed by Magistrate Judge Michael J. Seng on 12/12/2011. (Fahrney, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
WILLIAM ANTHONY PERRY,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
KINGS COUNTY SUPERIOR COURT,
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.
December 12, 2011
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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