Chavez vs. Galaza

Filing 8

ORDER signed by Judge Craig M. Kellison on 08/16/07 ORDERING that petitioner's request for appointment of counsel 4 is DENIED without prejudice. (Duong, D)

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(HC) Chavez vs. Galaza Doc. 8 Case 2:07-cv-01561-MCE-CMK Document 8 Filed 08/17/2007 Page 1 of 2 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. GEORGE M. GALAZA, Respondent. / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has requested the appointment of counsel (Doc. 4). 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 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA HECTOR J. CHAVEZ, Petitioner, No. CIV S-07-1561-MCE-CMK-P ORDER Case 2:07-cv-01561-MCE-CMK Document 8 Filed 08/17/2007 Page 2 of 2 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 Accordingly, IT IS HEREBY ORDERED that petitioner's request for appointment of counsel (Doc. 4) is denied without prejudice. DATED: August 16, 2007. ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 2

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