Koon v. Barnes

Filing 37

ORDER denying 36 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 5/21/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UTAH CHARLES KOON,

1:11 -cv-00131-BAM (HC)

Petitioner,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
R.E. BARNES,

(Document #36)
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, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir.
1984). However, 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, Petitioner, who was convicted of theft and receiving stolen
property, alleges claims concerning the instruction of the jury and the insufficiency of the
evidence. The matters are not complex, and there is presently no determination that
discovery or an evidentiary hearing would be necessary or appropriate.
Thus, the Court does not find that the interests of justice require the appointment of
counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment
of counsel is DENIED.
IT IS SO ORDERED.
Dated:

/s/ Barbara

May 21, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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