Dickerson v. Vasquez

Filing 7

ORDER Denying Petitioner's 2 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 12/20/16. (Verduzco, M)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 GREGORY DICKERSON, 5 Petitioner, 6 v. 7 CASE NO. 1:16-cv-01889-SKO HC ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL PAT VASQUEZ, Warden, 8 Respondent. (Doc. 2) 9 10 Petitioner Gregory Dickerson, proceeding pro se with a petition for writ of habeas corpus 11 12 pursuant to 28 U.S.C. § 2254, moves for appointment of counsel. Using a California state form for 13 appointment of trial counsel, he contends that he is entitled to appointment of counsel based on 14 indigency. In federal habeas proceedings, no absolute right to appointment of counsel currently exists. See, 15 th th 16 e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9 Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8 17 Cir. 1984). Nonetheless, a court may appoint counsel at any stage of the case "if the interests of justice 18 so require." 18 U.S.C. § 3006A(a)(2)(B); Rule 8(c), Rules Governing Section 2254 Cases. 19 Because Petitioner assumes that he is entitled to counsel, he alleges no basis by which the Court may 20 appoint counsel on his behalf. Petitioner's motion for appointment of counsel is hereby DENIED. 21 22 IT IS SO ORDERED. 23 24 Dated: 25 December 20, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 26 27 28 29 30 Sheila K. Oberto 1 .

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