Goodwin v. Spearman

Filing 24

ORDER Denying 15 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 07/28/2019. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRICK GLENN GOODWIN,
Petitioner,

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v.
SPEARMAN, Warden,
Respondent.

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Case No.: 1:17-cv-01604-LJO-JLT (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 15)

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

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appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th

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Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. §

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3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the interests of

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

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Court does not find that the interests of justice require the appointment of counsel at the present time.

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Accordingly, Petitioner’s request for appointment of counsel is DENIED.

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IT IS SO ORDERED.
Dated:

July 28, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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