Allen v. Biter

Filing 11

ORDER Denying 8 Motion to Appoint Counsel, signed by Magistrate Judge Michael J. Seng on 2/23/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EUGENE A. ALLEN,
Petitioner,

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v.

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1:15 -cv-00135-MJS (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

MARTIN BITER,

(Doc. 8)
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

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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),

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

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the interests of justice require the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of

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counsel is DENIED.

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IT IS SO ORDERED.

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Dated:

February 23, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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