Asberry v. Spearman
ORDER DENYING 3 Motion to Appoint Counsel, signed by Magistrate Judge Michael J. Seng on 09/6/17. (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
1:17 -cv-00150-DAD-MJS (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(ECF NO. 3)
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. The Court finds that
the interests of justice do not require the appointment of counsel in this case at the
Accordingly, Petitioner's request for appointment of counsel is HEREBY
IT IS SO ORDERED.
September 6, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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