Banks v. Davey

Filing 4

ORDER denying Motion for Appointment of Counsel 1 signed by Magistrate Judge Sheila K. Oberto on 6/19/2017. (Lundstrom, T)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 LARRY BANKS, 5 CASE NO. 1:17-cv-00802-SKO HC Petitioner, 6 v. 7 ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL DAVID DAVEY, Warden 8 Respondent. (Doc. 1) 9 10 Petitioner Larry Banks, proceeding pro se with a petition for writ of habeas corpus pursuant to 11 12 28 U.S.C. § 2254, moves for appointment of counsel. In federal habeas proceedings, no absolute right to appointment of counsel currently exists. See, 13 th th 14 e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9 Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8 15 Cir. 1984). Nonetheless, a court may appoint counsel at any stage of the case "if the interests of justice 16 so require." 18 U.S.C. § 3006A(a)(2)(B); Rule 8(c), Rules Governing Section 2254 Cases. Petitioner 17 contends that the Court should appoint counsel based on Petitioner’s indigence and lack of knowledge of 18 the law. Because nearly all prisoners share these characteristics, Petitioner, who has competently 19 submitted a petition, alleges no basis by which the Court may appoint counsel on his behalf. Petitioner's motion for appointment of counsel is hereby DENIED. 20 21 IT IS SO ORDERED. 22 23 Dated: 24 June 19, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 25 26 27 28 29 30 Sheila K. Oberto 1 .

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