Parks v. Walker

Filing 16

ORDER denying 14 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 10/08/09. (Plummer, M)

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DAD:9:md park1571.110

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHARLES AUSTIN PARKS, Petitioner, vs. JAMES WALKER, 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 September 28, 2009 motion for appointment of counsel (Doc. No. 14) is denied. DATED: October 8, 2009. ORDER No. CIV S-09-1571 LKK DAD P