Ceja v. Adams

Filing 6

ORDER DENYING 3 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 3/6/2017. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 MARIA CEJA, Petitioner, 11 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. 12 13 1:17-cv-00291-SKO (HC) DERRAL G. ADAMS, (Document #3) Respondent. 14 15 16 Petitioner has requested the appointment of counsel. There currently exists no 17 18 19 20 21 22 23 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. In the present case, the Court does not find that the interests of justice require the appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of counsel is DENIED. 24 25 26 IT IS SO ORDERED. Dated: March 6, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 27 28 1 .

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