Tramaglino v. Yates et al

Filing 47

ORDER denying 46 Motion to Appoint Counsel signed by Magistrate Judge Kimberly J. Mueller on 06/15/10. (Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. MICHAEL EVANS, et al., Respondents. / Petitioner has requested the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time. ///// ///// ///// ///// ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPH TRAMAGLINO, Petitioner, No. CIV-S-07-0511 WBS KJM P

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
4 tram0511.110

Accordingly, IT IS HEREBY ORDERED that petitioner's request for appointment of counsel (Docket No. 46) is denied without prejudice. DATED: June 15, 2010.

2