(HC) Chavez v. Gamboa

Filing 8

ORDER DENYING 2 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 7/27/2022. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ULISES CHAVEZ,

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Petitioner,

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Case No. 1:22-cv-00920-SKO (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
[Doc. No. 2]
MARTIN GAMBOA, Warden,

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Respondent.

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

19 right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d
20 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title
21 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the
22 interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the
23 present case, the Court does not find that the interests of justice require the appointment of
24 counsel at the present time.
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Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of

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2 counsel is DENIED.
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IT IS SO ORDERED.

5 Dated:

/s/ Sheila K. Oberto

July 27, 2022

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UNITED STATES MAGISTRATE JUDGE

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