Carbajal v. Kernan
Filing
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ORDER DENYING 2 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 10/25/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRANK X. CARBAJAL, JR.,
Petitioner,
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1:17 -cv-01413 SKO (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
v.
SCOTT KERNAN,
(Doc. 2)
Respondent.
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Petitioner Frank X. Carbajal, Jr., proceeding with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254, moves for appointment of counsel.
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In federal habeas proceedings, no absolute right to appointment of counsel currently
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exists. 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). Nonetheless, a court may appoint counsel at any stage of the case
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"if the interests of justice so require." 18 U.S.C. § 3006A(a)(2)(B); Rule 8(c), Rules Governing
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Section 2254 Cases. Petitioner contends that the Court should appoint counsel based on
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Petitioner’s indigence, limited library access, and lack of knowledge of the law. Because nearly
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all prisoners share these characteristics, Petitioner, who has competently submitted a petition,
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alleges no basis by which the Court may appoint counsel on his behalf.
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Petitioner's motion for appointment of counsel is hereby DENIED.
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IT IS SO ORDERED.
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Dated:
October 25, 2017
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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