Morse v. Calif Department of Corrections et al

Filing 11

ORDER DENYING 3 Motion to Appoint Counsel ; ORDER GRANTING 2 Motion to Proceed IFP, signed by Magistrate Judge Jennifer L. Thurston on 03/29/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL MORSE,
Petitioner,

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ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS
(Doc. 2)

v.

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Case No. 1:17-cv-00296-DAD-JLT (HC)

CALIFORNIA DEPARTMENT OF
CORRECTIONS,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 3)

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Respondent.
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Petitioner has filed a motion to proceed in forma pauperis (Doc. 2). Pursuant to 28

19 U.S.C. § 1915, Petitioner’s motion is granted and he is authorized to proceed in forma pauperis.
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Petitioner has requested the appointment of counsel (Doc. 3). There currently exists no

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

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Accordingly, the Court ORDERS that Petitioner's motion to proceed in forma pauperis is

3 GRANTED, and his motion for appointment of counsel is 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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