Wu v. CMF Warden

Filing 28

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/16/2010 DENYING w/out prejudice, ptnr's 27 motion for the appointment of counsel. (Yin, K)

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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. CMF WARDEN, Respondent. / Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. 2254. He has requested that the court appoint counsel in a supplemental filing requesting an evidentiary hearing. Dckt. No. 27. 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). The court may appointment counsel at any stage of the proceedings "if the interests of justice so require." See 18 U.S.C. 3006A; see also, Rule 8(c), Rules Governing Section 2254 Cases. The court does not find that the interests of justice would be served by the appointment of counsel at this stage of the proceedings. As to petitioner's supplemental request for an evidentiary hearing, the court informs petitioner that it will rule on the motion for evidentiary hearing filed on April 28, 2010 in due course. 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL WU, Petitioner, No. CIV S-09-2490 EFB P ORDER 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 Accordingly, it hereby is ORDERED that petitioner's June 3, 2010 motion for appointment of counsel is denied without prejudice. DATED: June 16, 2010. 2

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