Evans v. Hartley

Filing 13

ORDER Denying Motion For Appointment Of Counsel (Document # 11 ), signed by Magistrate Judge Sheila K. Oberto on 9/15/2011. (Fahrney, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

LATIF R. EVANS,

10
11
12

1:11-cv-01424-SKO (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.
HARTLEY,

(DOCUMENT #11)
13
14

Respondent.
____________________________________/

15

Petitioner has requested the appointment of counsel. There currently exists no

16

absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze,

17

258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984).

18

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

19

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

20

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

21

appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that

22

Petitioner's request for appointment of counsel is denied.

23

IT IS SO ORDERED.

24

Dated:
3em3ec

25
26
27
28

September 15, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE