Gonzales v. Frauenheim
ORDER denying 31 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 2/7/2017. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JUAN CERVANTES GONZALES,
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, the Court ORDERS that Petitioner's request for
appointment of counsel is DENIED.
IT IS SO ORDERED.
February 7, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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