Furnace v. Giurbino et al

Filing 6

ORDER DENYING 3 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 5/5/2011. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD TERRAN FURNACE,

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Petitioner,

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1:11-cv-00682 JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.
GEORGE GIURBINO, et al.,

(Doc. 3)
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Respondent.
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Petitioner has requested the appointment of counsel, contending that the issues are

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complex, Petitioner is unskilled in the law, and he is unable to afford retained counsel. (Doc.

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3).

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See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d

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773, 774 (8th Cir. 1984). However, Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the

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appointment of counsel at any stage of the case if "the interests of justice so require." See Rule

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8(c), Rules Governing Section 2254 Cases. In the present case, the Court does not find that the

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interests of justice require the appointment of counsel at the present time. Accordingly, IT IS

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HEREBY ORDERED that Petitioner's request for appointment of counsel (Doc. 3), is denied.

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IT IS SO ORDERED.

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Dated: May 5, 2011
9j7khi

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There currently exists no absolute right to appointment of counsel in habeas proceedings.

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE