Ramirez v. Department of Corrections and Rehabilitation

Filing 6

ORDER Denying 3 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 1/19/17. (Gonzalez, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIK DANIEL RAMIREZ, 12 13 14 Petitioner, v. 1:17 -cv-00029-JLT (HC) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Doc. 3) DEPARTMENT OF CORRECTIONS AND REHABILITATION, 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, the Court ORDERS that Petitioner's request for 24 appointment of counsel is DENIED. 25 26 27 IT IS SO ORDERED. Dated: January 19, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?