Shine v. Soto

Filing 22

ORDER Denying 20 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 10/15/14. (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHANNON DION SHINE, Petitioner, 12 13 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. 14 1:14 -cv-00021-JLT (HC) J. SOTO, (Doc. 20) Respondent. 15 16 Petitioner has requested the appointment of counsel and bases his motion on his difficulty 17 in understanding federal law. There currently exists no absolute right to appointment of counsel 18 in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); 19 Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). Title 18 U.S.C. ' 3006A(a)(2)(B) 20 authorizes the appointment of counsel at any stage of the case if "the interests of justice so 21 require." See Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the Court 22 does not find that the interests of justice require the appointment of counsel at the present time. 23 Accordingly, the Court ORDERS that Petitioner's request for appointment of counsel is 24 DENIED. 25 26 27 IT IS SO ORDERED. Dated: October 15, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 28

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