(HC) Flores v. The People
Filing
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ORDER DENYING #5 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 5/7/2024. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOAQUIN FLORES,
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Case No. 1:24-cv-00444-SKO (HC)
Petitioner,
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v.
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THE PEOPLE,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
[Doc. 5]
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Respondent.
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Petitioner has requested the appointment of counsel. There currently exists no absolute
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18 right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d
19 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title
20 18 U.S.C. ยง 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the
21 interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the
22 present case, the Court does not find that the interests of justice require the appointment of
23 counsel at the present time.
Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of
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25 counsel is DENIED.
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IT IS SO ORDERED.
28 Dated:
/s/ Sheila K. Oberto
May 7, 2024
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UNITED STATES MAGISTRATE JUDGE
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