Henson v. Barron, et al.

Filing 16

ORDER DENYING Petitioner's 14 Motion to Appoint Counsel, signed by Magistrate Judge Sheila K. Oberto on 03/08/2017. (Martin-Gill, S)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 ERICK D. HENSON, 5 CASE NO. 1:17-cv-00046-SKO HC Petitioner, 6 v. 7 ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL REBECCA BARRON, et als., 8 Respondents. (Doc. 14) 9 10 Petitioner Erick D. Henson, proceeding pro se with a petition for writ of habeas corpus pursuant 11 12 to 28 U.S.C. § 2254, moves for appointment of counsel. Petitioner contends that the Court should 13 appoint counsel based on Petitioner’s indigency. In federal habeas proceedings, no absolute right to appointment of counsel currently exists. See, 14 th th 15 e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9 Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8 16 Cir. 1984). Nonetheless, a court may appoint counsel at any stage of the case "if the interests of justice 17 so require." 18 U.S.C. § 3006A(a)(2)(B); Rule 8(c), Rules Governing Section 2254 Cases. 18 Petitioner, who has competently submitted a petition and multiple motions to this date, alleges no basis 19 by which the Court may appoint counsel on his behalf. Petitioner's motion for appointment of counsel is hereby DENIED. 20 21 IT IS SO ORDERED. 22 23 Dated: 24 March 8, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 25 26 27 28 29 30 Sheila K. Oberto 1 .

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