Jones v. Chappell

Filing 12

ORDER DENYING 9 Motion to Appoint Counsel, signed by Magistrate Judge Michael J. Seng on 03/25/2014. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FORREST LEE JONES,
Petitioner,

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v.

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 9)

KEVIN CHAPPELL,
Respondent.

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1:14 -cv-00356-LJO-MJS (HC)

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

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Cir. 1984). However, Title 18 U.S.C. ' 3006A(a)(2)(B) authorizes the appointment of

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counsel at any stage of the case if "the interests of justice so require." See Rule 8(c),

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Rules Governing Section 2254 Cases. In the present case, the Court does not find that

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the interests of justice require the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of

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counsel is DENIED.

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IT IS SO ORDERED.
Dated:

March 25, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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