Watford v. Copenhaver

Filing 42

ORDER Denying 41 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 2/26/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN J. WATFORD,
Petitioner,

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1:14 -cv-00615-LJO-JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
(Doc. 41)
PAUL COPENHAVER,
Respondent.

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Petitioner has requested the appointment of counsel, citing his lack of familiarity with

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habeas law and the lack of adequate legal sources in the prison law library as grounds therefore.

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There currently exists no absolute right to appointment of counsel in habeas proceedings, See, e.g.,

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Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958). However, Title 18 U.S.C. '

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3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the interests of

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justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the

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Court does not find that the interests of justice require the appointment of counsel at the present

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time. Accordingly, Petitioner's request for appointment of counsel is DENIED.

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IT IS SO ORDERED.
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Dated:

February 26, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE