Moore v. Harris

Filing 11

ORDER DENYING Motion for Appointment of Counsel 10 , signed by Magistrate Judge Jennifer L. Thurston on 7/12/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROOSEVELT MOORE,

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Petitioner,

1:16 -cv-00895 JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
(Doc. 10)

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KAMALA D. HARRIS, et al.,

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Respondent(s).

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Petitioner has requested the appointment of counsel. There currently exists no absolute

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right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d

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

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

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

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

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

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DENIED.

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IT IS SO ORDERED.
Dated:

July 12, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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