Butler v. Unknown

Filing 12

ORDER Denying Motion For Appointment Of Counsel (Document# 10 ), signed by Magistrate Judge Barbara A. McAuliffe on 2/17/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KAREN BUTLER,
Petitioner,

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1:14 -cv-645-BAM (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(Document#10)

UNKNOWN,
Respondent.

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Petitioner has requested the appointment of counsel. There currently exists no
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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, 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.
Dated:

/s/ Barbara

February 17, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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