Hall v. Smalls

Filing 41

ORDER signed by Magistrate Judge John F. Moulds on 9/16/11 denying 38 Motion to Appoint Counsel without prejudice. (Dillon, M)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 FLOYD S. HALL, 8 9 10 Petitioner, No. 2:09-cv-2653 JAM JFM (HC) vs. LARRY SMALLS, 11 Respondent. 12 ORDER / 13 Petitioner has requested the appointment of counsel. There currently exists no 14 absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 15 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at 16 any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing 17 § 2254 Cases. In the present case, the court does not find that the interests of justice would be 18 served by the appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that petitioner’s September 8, 2011 19 20 request for appointment of counsel is denied without prejudice to a renewal of the motion at a 21 later stage of the proceedings. 22 DATED: September 16, 2011. 23 24 25 26 /md; hall2653.110

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