Robertson v. Mariposa County Court et al

Filing 63

ORDER DENYING Request for Legal Review and Motion for Appointment of Counsel 55 , 61 , signed by Magistrate Judge Michael J. Seng on 3/4/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGER ROBERTSON,
Petitioner,

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1:14 -cv-00924-AWI-MJS (HC)
ORDER DENYING REQUEST FOR LEGAL
REVIEW AND MOTION FOR
APPOINTMENT OF COUNSEL

v.
MARIPOSA COUNTY COURT, et al,

(Docs. 55, 61)

Respondent.

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On June 4, 2015, Petitioner filed a request for legal review. The Court hereby
notifies Petitioner that his matter is still pending before this Court, and shall be
addressed in due course. The Court is burdened by an unusually large caseload, and
must address other, older matters first. Petitioner’s patience is appreciated.
Furthermore, Petitioner has requested the appointment of counsel.

There

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currently exists no absolute right to appointment of counsel in habeas proceedings.

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See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick,

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727 F.2d 773, 774 (8th Cir. 1984).

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appointment of counsel at any stage of the case if "the interests of justice so require."

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See Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the Court

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

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present time.

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Title 18 U.S.C. ' 3006A(a)(2)(B) authorizes the

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

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IT IS SO ORDERED.

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Dated:

March 4, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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