Jagade v. Spearman
ORDER DENYING Motion for Appointment of Counsel 3 , signed by Magistrate Judge Barbara A. McAuliffe on 8/26/13. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOHN MELFORD JAGADE,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
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. 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.
IT IS SO ORDERED.
August 26, 2013
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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