Sanders v. Davis

Filing 18

ORDER denying 13 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 12/9/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD VINCENT SANDERS,
Petitioner,

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1:14 -cv-01935-JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
(Doc. 13)
RON DAVIS,
Respondent.

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Petitioner has requested the appointment of counsel, citing his lack of financial resources.

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

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

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774 (8th Cir. 1984). However, Title 18 U.S.C. ' 3006A(a)(2)(B) authorizes the appointment of

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counsel 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 interests of

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

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

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IT IS SO ORDERED.
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Dated:

December 9, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE