Hodo v. Allison et al

Filing 10

ORDER DENYING 4 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 9/16/2011. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES LEE HODO,

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1:11-cv-01555-JLT (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.
K. ALLISON, et al.,

(Doc. 4)
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Respondents.
____________________________________/
Petitioner has requested the appointment of counsel, citing his indigence, his lack of

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legal experience, and the complexity of the case as grounds therefore. (Doc. 4). There

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currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g.,

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

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(8th Cir. 1984). However, Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of

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counsel at any stage of the case if "the interests of justice so require." See Rule 8(c), Rules

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Governing Section 2254 Cases. In the present case, the Court does not find that the interests of

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justice require the appointment of counsel at the present time. Accordingly, IT IS HEREBY

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ORDERED that Petitioner's request for appointment of counsel (Doc. 4), is denied.

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IT IS SO ORDERED.

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Dated: September 16, 2011
9j7khi

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/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE