Pullen v. Lizarraga

Filing 12

ORDER DENYING Motion for Appointment of Counsel 11 , signed by Magistrate Judge Jennifer L. Thurston on 2/3/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONOVAN DEWAYNE PULLEN,
Petitioner,

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1:16 -cv-00118 JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
(Doc.11)
JOE LIZARRAGA,
Respondent.

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Petitioner has requested the Court appoint him counsel, citing his lack of knowledge of the

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legal system, his lack of education, and the unavailability of a “jailhouse lawyer.” There

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currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g.,

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

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(8th Cir. 1984). However, Title 18 U.S.C. ' 3006A(a)(2)(B) authorizes the appointment of

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counsel at any stage of the case if "the interests of justice so require." See Rule 8(c), Rules

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Governing Section 2254 Cases. In the present case, the Court does not find that the interests of

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justice require the appointment of counsel at the present time. Accordingly, Petitioner's request

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for appointment of counsel is DENIED.

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IT IS SO ORDERED.
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Dated:

February 3, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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