Lee, Jr. v. Frauenheim

Filing 47

ORDER DENYING 44 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 7/30/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID LEE, JR.,

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1:15-cv-01774-JLT (HC)
Petitioner,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
(Doc. 44)

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SCOTT FRAUENHEIM,

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Respondent.

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Petitioner has requested the appointment of counsel, citing, inter alia, the complexity of

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the issues and length of the trial transcript as grounds therefore. There currently exists no

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absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze,

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258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984).

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However, Title 18 U.S.C. ' 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of

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the case if "the interests of justice so require." See Rule 8(c), Rules Governing Section 2254

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Cases.

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In the present case, the Court does not find that the interests of justice require the

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appointment of counsel at the present time. The issues Petitioner seeks to raise are common

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federal habeas issues that this Court routinely addresses. Petitioner indicates he has already made

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a “prima facie” showing of a federal habeas claim in state court. This allegation undercuts his

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claim that he needs additional legal resources to make the same claims in this Court.
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Accordingly, Petitioner's request for appointment of counsel is DENIED.

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IT IS SO ORDERED.
Dated:

July 30, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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