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)

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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

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