Berry v. McDonald

Filing 33

ORDER denying 32 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 11/24/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SPENCER E. BERRY,
Petitioner,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
MC DONALD,

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1:12 -cv-00901-BAM-(HC)

(Document #32)
Respondent.

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Petitioner has requested the appointment of counsel. There currently exists no
absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v.
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Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir.
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1984). However, 18 U.S.C. ' 3006A(a)(2)(B) authorizes the appointment of counsel at any
stage of the case if "the interests of justice so require." See Rule 8(c), Rules Governing
Section 2254 Cases.
In the present case, although Petitioner presents multiple issues, the issues are not
novel or particularly complex. The Court finds that the interests of justice do not require the
appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that
Petitioner's request for appointment of counsel is DENIED.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 24, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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