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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 WILLIAM ANTHONY PERRY, 1:10-cv-2226-MJS (HC) Petitioner, 10 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. 11 12 KINGS COUNTY SUPERIOR COURT, 13 Respondent. (Doc. 20) 14 _________________________________/ 15 Petitioner has requested the appointment of counsel. There currently exists no 16 absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. 17 Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 18 1984). However, Title 18 U.S.C. ยง 3006A(a)(2)(B) authorizes the appointment of counsel 19 at any stage of the case if "the interests of justice so require." See Rule 8(c), Rules 20 Governing Section 2254 Cases. 21 In the present case, the Court does not find that the interests of justice require 22 the appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED 23 that Petitioner's request for appointment of counsel is denied. 24 25 IT IS SO ORDERED. 26 Dated: ci4d6 27 28 December 12, 2011 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE

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