Charity v. Brown et al

Filing 35

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/8/2010 DENYING, w/out prejudice, petitioner's 33 request for appointment of counsel. (Yin, K)

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(HC) Charity v. Brown et al Doc. 35 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. PERRY PHELPS, et al., Respondents. / 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. ///// ///// ///// ///// ///// ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TIMMY O'NEIL CHARITY, Petitioner, No. CIV S-09-1968 FCD GGH P Dockets.Justia.com 1 2 3 4 5 Accordingly, IT IS HEREBY ORDERED that petitioner's June 21, 2010 request for appointment of counsel (Docket No. 33) is denied without prejudice to a renewal of the motion at a later stage of the proceedings. DATED: July 8, 2010 /s/ Gregory G. Hollows 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 GGH:md char1968.110 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE

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