Gonzales v. Asuncion

Filing 8

ORDER DENYING 7 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 5/1/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RALPH G. GONZALES,

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Petitioner,

1:17 -cv-00318-AWI-JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
(Doc. 7)

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DEBBIE ASUNCION,

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Respondent.

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

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right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d

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479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title

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18 U.S.C. ' 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the

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interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the

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present case, the Court does not find that the interests of justice require the appointment of

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counsel at the present time. Accordingly, the Court ORDERS that Petitioner's request for

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appointment of counsel is DENIED.

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IT IS SO ORDERED.

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Dated:

May 1, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE