Ybarra v. CCI Warden

Filing 7

ORDER DENYING 6 Motion to Appoint Counsel signed by Magistrate Judge Michael J. Seng on 5/26/2011. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HUMBERTO YBARRA,

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1:11-cv-0698-MJS (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

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vs.

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CCI WARDEN,
(Doc. 6)
Respondent.

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_________________________________/

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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.

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Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir.

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1984). However, Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at

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any stage of the case if "the interests of justice so require." See Rule 8(c), Rules Governing

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Section 2254 Cases. In the present case, the Court does not find that the interests of justice

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require the appointment of counsel at the present time.

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ORDERED that Petitioner's request for appointment of counsel is denied.

Accordingly, IT IS HEREBY

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IT IS SO ORDERED.

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Dated:
92b0h

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May 26, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE