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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES LEE HODO, 12 13 14 1:11-cv-01555-JLT (HC) Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL vs. K. ALLISON, et al., (Doc. 4) 15 16 17 Respondents. ____________________________________/ Petitioner has requested the appointment of counsel, citing his indigence, his lack of 18 legal experience, and the complexity of the case as grounds therefore. (Doc. 4). There 19 currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., 20 Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 21 (8th Cir. 1984). However, Title 18 U.S.C. ยง 3006A(a)(2)(B) authorizes the appointment of 22 counsel at any stage of the case if "the interests of justice so require." See Rule 8(c), Rules 23 Governing Section 2254 Cases. In the present case, the Court does not find that the interests of 24 justice require the appointment of counsel at the present time. Accordingly, IT IS HEREBY 25 ORDERED that Petitioner's request for appointment of counsel (Doc. 4), is denied. 26 IT IS SO ORDERED. 27 Dated: September 16, 2011 9j7khi 28 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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