Jagade v. Spearman

Filing 17

ORDER Denying 16 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 10/22/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN MELFORD JAGADE,
Petitioner,

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1:13 -cv-1277 LJO GSA (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
JEFFERY BEARD,

(Document#16)

Respondent.

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Petitioner has requested the appointment of counsel. There currently exists no
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absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v.
Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir.
1984). However, Title 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. Accordingly, IT IS
HEREBY ORDERED that Petitioner's request for appointment of counsel is DENIED.

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IT IS SO ORDERED.
Dated:

October 22, 2013

/s/ Gary S. Austin
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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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