Meyer v. Spearman

Filing 8

ORDER Denying Motion For Appointment Of Counsel (Doc. 3 ), signed by Magistrate Judge Jennifer L. Thurston on 3/5/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RALPH T. MEYER,

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1:13-cv-00284 JLT (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.
M. E. SPEARMAN, Warden,

(Doc. 3)
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Respondent.
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Petitioner has requested the appointment of counsel, citing only his indigency as

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grounds therefore. There currently exists no absolute right to appointment of counsel in habeas

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proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v.

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Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. § 3006A(a)(2)(B)

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authorizes the appointment of counsel at any stage of the case if "the interests of justice so

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require." See Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the Court

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does not find that the interests of justice require the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment

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of counsel is DENIED.

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IT IS SO ORDERED.

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Dated: March 5, 2013
9j7khi

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/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE