Sepulveda v. Swarthout

Filing 16

ORDER DENYING Motion for Appointment of Counsel 13 , signed by Magistrate Judge Jennifer L. Thurston on 8/14/13. (Hellings, J)

(HC) Sepulveda v. Swarthout

Doc. 16

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ONTIVEROS SEPULVEDA,

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1:13-cv-723 JLT (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.
GERY SWARTHOUT,

(Doc. 13)
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Respondent.
____________________________________/

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Petitioner has requested the appointment of counsel, arguing that he needs appointed

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counsel because his “jailhouse” lawyer is being transferred to another facility. There currently

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exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson

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

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

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Section 2254 Cases. In the present case, the Court does not find that the interests of justice

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require the appointment of counsel at the present time. The petition has been filed, screened,

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and found to raise arguable federal habeas issues; an Answer on the merits has been filed; and

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the only remaining task is the filing of a Traverse, should Petitioner choose to file one.

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Otherwise, a decision on the merits of the case will be made based on the legal arguments

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already framed in the petition and the documents, transcripts and court records supplied by

Dockets.Justia.com

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Respondent in the Answer. The Court normally does not consider new claims raised for the

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first time in a Traverse. Therefore, appointment of counsel would at this juncture would do

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little to further the litigation or preserve Petitioner’s rights.

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

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IT IS SO ORDERED.

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Dated: August 14, 2013
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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