Dean v. McDonald

Filing 18

ORDER Denying 13 Motion for Appointment of Counsel, signed by Magistrate Judge Jennifer L. Thurston on 6/29/11. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERMAINE MICHAEL DEAN,

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1:11-cv-00970 AWI JLT (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

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vs.

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M. McDONALD,
(Doc. 13)

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Respondent.
____________________________________/

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Petitioner has requested the appointment of counsel, citing his lack of education, his

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unfamiliarity with the habeas process, his limited access to legal research, and the complexity

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of his case, as grounds therefore. (Doc. 13).

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appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479,

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481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18

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U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the

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interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the

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present case, the Court does not find that the interests of justice require the appointment of

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counsel at the present time. The grounds cited by Petitioner are circumstances common to

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virtually all habeas petitions in this Court. The circumstances cited are neither extraordinary

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nor unusual; were the Court to grant counsel in every case where such circumstances were

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There currently exists no absolute right to

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present, the Court would have to appoint counsel in virtually every case.
Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of
counsel is denied.

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IT IS SO ORDERED.

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Dated: June 29, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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