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)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 FORREST LEE JONES, Petitioner, 9 10 11 v. 14 15 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Doc. 9) KEVIN CHAPPELL, Respondent. 12 13 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 16 Cir. 1984). However, Title 18 U.S.C. ' 3006A(a)(2)(B) authorizes the appointment of 17 counsel at any stage of the case if "the interests of justice so require." See Rule 8(c), 18 Rules Governing Section 2254 Cases. In the present case, the Court does not find that 19 the interests of justice require the appointment of counsel at the present time. 20 Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of 21 counsel is DENIED. 22 23 24 IT IS SO ORDERED. Dated: March 25, 2014 /s/ 25 Michael J. Seng UNITED STATES MAGISTRATE JUDGE DEAC _Signature- END: 26 92b0h 27 28 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?