Carbajal v. Kernan

Filing 4

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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 FRANK X. CARBAJAL, JR., Petitioner, 10 11 12 13 1:17 -cv-01413 SKO (HC) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. SCOTT KERNAN, (Doc. 2) Respondent. 14 15 Petitioner Frank X. Carbajal, Jr., proceeding with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254, moves for appointment of counsel. 17 In federal habeas proceedings, no absolute right to appointment of counsel currently 18 19 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 20 "if the interests of justice so require." 18 U.S.C. § 3006A(a)(2)(B); Rule 8(c), Rules Governing 21 Section 2254 Cases. Petitioner contends that the Court should appoint counsel based on 22 Petitioner’s indigence, limited library access, and lack of knowledge of the law. Because nearly 23 all prisoners share these characteristics, Petitioner, who has competently submitted a petition, 24 alleges no basis by which the Court may appoint counsel on his behalf. 25 Petitioner's motion for appointment of counsel is hereby DENIED. 26 27 IT IS SO ORDERED. 28 1 1 2 Dated: October 25, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 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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