Wilson v. Yates

Filing 29

ORDER denying 28 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 07/25/11. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY WILSON,

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Petitioner,

No. 2:08-cv-2885 MCE KJN P

vs.
JAMES A. YATES,

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Respondent.

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ORDER
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Petitioner has requested the appointment of counsel. There currently exists no

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absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d

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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at

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any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing

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§ 2254 Cases. In the present case, the court does not find that the interests of justice would be

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served by the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s July 7, 2011 request for

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appointment of counsel is denied without prejudice.

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DATED: July 25, 2011
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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wils2885.110