Ault v. Spearman

Filing 5

ORDER Denying 2 Motion to Appoint Counsel, signed by Magistrate Judge Michael J. Seng on 3/17/17. (Gonzalez, R)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 JEFFERY CURTIS AULT, Petitioner, 10 11 12 1:17 -cv-00334-MJS (HC) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. M. E. SPEARMAN, (Document # 2) Respondent. 13 14 15 Petitioner has requested the appointment of counsel. There currently exists 16 17 18 19 20 21 22 23 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. 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 without prejudice. 24 25 IT IS SO ORDERED. 26 27 Dated: March 17, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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