Koon v. Barnes
Filing
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ORDER DENYING 22 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 3/27/2013. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UTAH CHARLES KOON,
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1:11-cv-00131-BAM (HC)
Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
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vs.
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R. E. BARNES,
(DOCUMENT #22)
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Respondent.
____________________________________/
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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. Heinze,
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258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984).
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However, 18 U.S.C. ยง 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of
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the case if "the interests of justice so require." See Rule 8(c), Rules Governing Section 2254
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Cases.
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Here, the claims are not numerous or complex, and Petitioner has filed a traverse. In
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the present case, the Court does not find that the interests of justice require the appointment of
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counsel at the present time. Accordingly, IT IS HEREBY ORDERED that Petitioner's request
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for appointment of counsel is denied.
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IT IS SO ORDERED.
Dated:
March 27, 2013
/s/ Barbara A. McAuliffe
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3em3ec
UNITED STATES MAGISTRATE JUDGE
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