James v. Lopez
Filing
10
ORDER Denying 2 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 6/16/11. (Verduzco, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
RYAN JOSEPH JAMES,
12
Petitioner,
13
14
1:11-cv-00787-JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
vs.
RAUL LOPEZ,
(Doc. 2)
15
16
Respondent.
____________________________________/
17
Petitioner has requested the appointment of counsel, contending that he is indigent
18
and unable to afford to retain counsel himself. (Doc. 2). There currently exists no absolute
19
right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d
20
479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However,
21
Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the
22
case if “the interests of justice so require.” See Rule 8(c), Rules Governing Section 2254
23
Cases. In the present case, the Court does not find that the interests of justice require the
24
appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that
25
Petitioner's request for appointment of counsel (Doc. 2), is DENIED.
26
IT IS SO ORDERED.
27
Dated: June 16, 2011
9j7khi
28
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?