Lynell T. Lewis v. CDCR

Filing 11

ORDER DENYING Motion for Appointment of Counsel 6 , signed by Magistrate Judge Jennifer L. Thurston on 3/29/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LYNELL TRAVON LEWIS,
Petitioner,

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Case No. 1:17-cv-00208-LJO-JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
(Doc. 6)

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CDCR,
Respondent.

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

18 appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th
19 Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. §
20 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the interests of
21 justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the Court
22 does not find that the interests of justice require the appointment of counsel at the present time.
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Accordingly, the Court ORDERS that Petitioner's request for appointment of counsel is

24 DENIED.
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IT IS SO ORDERED.
Dated:

March 29, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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