Moss v. Voss

Filing 8

ORDER signed by Magistrate Judge John F. Moulds on 2/6/2008 ORDERING 3 Request filed by Clyde Sherwood Moss is DENIED w/o prejudice to a renewal of the motion at a later stage of the proceedings. (Waggoner, D)

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(HC) Moss v. Voss Doc. 8 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 /001; moss2429.110 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CLYDE SHERWOOD MOSS, Petitioner, vs. TOM VOSS, Executive Director, Coalinga State Hospital, Respondent. / 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. Accordingly, IT IS HEREBY ORDERED that petitioner's November 13, 2007 request for appointment of counsel is denied without prejudice to a renewal of the motion at a later stage of the proceedings. DATED: February 6, 2008. ORDER No. CIV S-07-2429 FCD JFM P

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