Santamaria v. Stolc

Filing 19

ORDER signed by Magistrate Judge Dale A. Drozd on 1/27/09 ORDERING that petitioner's 18 motion for appointment of counsel is DENIED. (Yin, K)

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DAD:9:md sant1797.110

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ULISES SANTAMARIA, Petitioner, vs. STOLC, 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 January 15, 2009 motion for appointment of counsel (Doc. No. 18) is denied. DATED: January 27, 2009. ORDER No. CIV S-08-1797 WBS DAD P