Bryant v. Muniz
ORDER denying 42 Motion to Appoint Counsel signed by Magistrate Judge Michael J. Seng on 3/21/2017. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SAMUEL XAVIER BRYANT,
1:16 -cv-00190-DAD-MJS (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
Petitioner has requested the appointment of counsel. There currently exists no
absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v.
Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th
Cir. 1984). However, Title 18 U.S.C. ' 3006A(a)(2)(B) authorizes the appointment of
counsel at any stage of the case if "the interests of justice so require." See Rule 8(c),
Rules Governing Section 2254 Cases. In the present case, the Court does not find that
the interests of justice require the appointment of counsel at the present time.
Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of
counsel is DENIED.
IT IS SO ORDERED.
March 21, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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