Cowan v. Soto

Filing 16

ORDER DENYING 15 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 5/29/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRONE JUSTIN COWAN,

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Petitioner,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

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1:16-cv-00083-DAD-JLT (HC)

J. SOTO,

(Doc. 15)

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Respondent.

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Petitioner has requested the appointment of counsel. There 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). Though 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 of

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justice so require" (see Rule 8(c), Rules Governing Section 2254 Cases), here, the interests of

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justice do not require the appointment of counsel at the present time. Accordingly, the Court

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ORDERS that Petitioner's request for appointment of counsel is DENIED.

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IT IS SO ORDERED.
Dated:

May 29, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE