Vera v. Gipson

Filing 25

ORDER DENYING 23 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 1/13/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO VERA,
Petitioner,

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1:13 -cv-0814-AWI-SKO (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
CONNIE GIPSON,

(Document#23)

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, the Court does not find that the interests of justice
require the appointment of counsel at the present time. There is no trial pending in this
action. 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:

January 13, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

3em3ec

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