Tucker v. Paramo

Filing 7

ORDER DENYING 3 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 6/16/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD L. TUCKER,

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Petitioner,
v.

1:15 -cv-00829-JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 3)

DANIEL PARAMO,

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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. Here, the

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

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time. Accordingly, Petitioner's request for appointment of counsel is DENIED.

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IT IS SO ORDERED.
Dated:

June 16, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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