Garcia v. Virga

Filing 22

ORDER DENYING Motion for Appointment of Counsel 21 , signed by Magistrate Judge Sheila K. Oberto on 6/24/13. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PAUL CARLOS GARCIA,

12
13
14

1:13-cv-448-SKO (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.
TIM VIRGA,

(DOCUMENT #21)
15
16

Respondent.
____________________________________/

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. Heinze,

19

258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984).

20

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

21

the case if "the interests of justice so require." See Rule 8(c), Rules Governing Section 2254

22

Cases. In the present case, in view of the number and nature of issues, the Court does not find

23

that the 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:
3em3ec

27
28

June 24, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE