Munoz v. Lopez

Filing 6

ORDER Denying Motion For Appointment Of Counsel (Doc. 2 ), signed by Magistrate Judge Barbara A. McAuliffe on 7/23/2012. (Fahrney, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ABRAHAM MUNOZ, 11 12 13 1:12-cv-01180-BAM (HC) Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL vs. R. LOPEZ, (DOCUMENT #2) 14 15 16 Respondent. ____________________________________/ Petitioner has requested the appointment of counsel. There currently exists no 17 absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 18 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). 19 However, Title 18 U.S.C. ยง 3006A(a)(2)(B) authorizes the appointment of counsel at any stage 20 of the case if "the interests of justice so require." See Rule 8(c), Rules Governing Section 2254 21 Cases. In the present case, the Court does not find that the interests of justice require the 22 appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that 23 Petitioner's request for appointment of counsel is denied. 24 25 26 27 28 IT IS SO ORDERED. Dated: 23ehd0 July 23, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE

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