Jagade v. Spearman

Filing 6

ORDER DENYING Motion for Appointment of Counsel 3 , signed by Magistrate Judge Barbara A. McAuliffe on 8/26/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN MELFORD JAGADE,

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1:13-cv-01277-BAM (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.
M.E. SPEARMAN,

(DOCUMENT #3)
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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,

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

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

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

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

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appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that

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Petitioner's request for appointment of counsel is denied.

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IT IS SO ORDERED.
Dated:
23ehd0

August 26, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE