Arciga v. Frauenheim
Filing
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ORDER DENYING 3 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 9/9/2015. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARIO ARCIGA,
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Petitioner,
1:15 -cv-01372-JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
v.
(Doc. 3)
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SCOTT FRAUENHEIM,
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Respondent.
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Petitioner has requested the appointment of counsel on the grounds that his case is
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complicated and he is unfamiliar with the law. There currently exists no absolute right to
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appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481
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(9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C.
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' 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the interests
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of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. Here, the Court does
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not find that the interests of justice require the appointment of counsel at this time. Accordingly,
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Petitioner's request for appointment of counsel is DENIED.
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IT IS SO ORDERED.
Dated:
September 9, 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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