Woods v. Valenzuela

Filing 5

ORDER Denying 2 Motion to Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 06/12/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIP AARON WOODS,

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1:14 -cv-876 SAB (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
E. VALENZUELA,

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(Document#2)

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.

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Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir.

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

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

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

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interests of justice require the appointment of counsel at the present time. Accordingly, IT

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IS HEREBY ORDERED that Petitioner's request for appointment of counsel is DENIED.

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IT IS SO ORDERED.
Dated:

June 12, 2014
UNITED STATES MAGISTRATE JUDGE

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