Jesus Villalba Ramirez v. People of the State of California

Filing 16

ORDER DENYING 5 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 12/9/15. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESUS VILLALBA RAMIREZ,
Petitioner,

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1:15 -cv-01788 JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
(Doc. 5)
PEOPLE OF THE STATE OF
CALIFORNIA,

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Respondent.
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Petitioner has requested the appointment of counsel. (Doc. 5) There is 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. In the present case,

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

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

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IT IS SO ORDERED.
Dated:

December 9, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE