Herrera v. Davey

Filing 7

ORDER DENYING 6 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 09/30/2016. (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERTO HERRERA,

12
13
14

Petitioner,
v.

1:16 -cv-01375-DAD-JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 6)

D. DAVEY,

15

Respondent.

16
17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

DENIED.

25
26
27
28

IT IS SO ORDERED.
Dated:

September 30, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE