Parmely v. Brazeton

Filing 18

ORDER Denying Motion For Appointment Of Counsel (Doc. 16 ), signed by Magistrate Judge Michael J. Seng on 3/21/2013. (Fahrney, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

BOBBY PARMELY,
Petitioner,

12

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

13
14

1:12-cv-0664-AWI-MJS (HC)

P.D. BRAZETON,
(Doc. 16)
Respondent.

15
16

_________________________________/

17

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

18

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

19

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

20

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

21

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

22

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

23

interests of justice require the appointment of counsel at the present time. Accordingly,

24

IT IS HEREBY ORDERED that Petitioner's request for appointment of counsel is denied.

25

IT IS SO ORDERED.

26

Dated:
92b0h

27
28

March 21, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE