James v. Lopez
ORDER Denying 2 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 6/16/11. (Verduzco, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RYAN JOSEPH JAMES,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
Petitioner has requested the appointment of counsel, contending that he is indigent
and unable to afford to retain counsel himself. (Doc. 2). There currently exists no 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,
Title 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, the Court does not find that the interests of justice require the
appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that
Petitioner's request for appointment of counsel (Doc. 2), is DENIED.
IT IS SO ORDERED.
Dated: June 16, 2011
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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