Seasee v. Foulk

Filing 9

ORDER Denying Motion For Appointment Of Counsel (Doc. 3 ), signed by Magistrate Judge Jennifer L. Thurston on 8/26/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGER SAESEE,

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1:14 -cv-01287-JLT (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(Doc. 3)

F. FOULK,

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Respondent.

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Petitioner has requested the appointment of counsel. There currently exists no absolute

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right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d

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479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title

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18 U.S.C. ' 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the

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

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present case, the Court does not find that the interests of justice require the appointment of

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counsel at the present time. Accordingly, IT IS HEREBY ORDERED that Petitioner's request for

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appointment of counsel is DENIED.

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IT IS SO ORDERED.

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Dated:

August 26, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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