Hunt v. Matevousian

Filing 28

ORDER DENYING 26 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 10/3/2017. (Sant Agata, S)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 STEPHEN VINCENT HUNT, II, 5 Petitioner, 6 v. 7 CASE NO. 1:15-cv-00165-LJO-SKO HC ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL ANDRE MATEVOUSIAN, 8 Respondents. (Doc. 26) 9 10 Petitioner, proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. 11 12 § 2241, moves for appointment of counsel for the second time. In habeas proceedings, no absolute right th 13 to appointment of counsel currently exists. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9 Cir. th 14 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8 Cir. 1984). Nonetheless, a court may appoint counsel 15 at any stage of the case "if the interests of justice so require." 18 U.S.C. § 3006A(a)(2)(B); Rule 8(c), 16 Rules Governing Section 2254 Cases. Petitioner contends that appointment of counsel is required because (1) he does not have the 17 18 resources necessary to file his objections; (2) he has raised at least one meritorious claim; and (3) 19 counsel could more competently present Petitioner’s claim to the Court. Petitioner has already filed his 20 objections to the Court’s findings and recommendations. Petitioner competently prepared and filed his 21 petition, reply, and objections; therefore, the Court finds no evidence that the interests of justice require 22 the appointment of counsel at this time. Based on the foregoing, Petitioner’s motion for appointment of counsel is hereby DENIED. 23 24 IT IS SO ORDERED. 25 26 Dated: 27 October 3, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 28 29 30 Sheila K. Oberto 1 .

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