Moore v. Evans

Filing 13

ORDER denying 11 Motion to Appoint Counsel signed by Magistrate Judge John F. Moulds on 01/06/10. (Plummer, M)

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. MIKE EVANS, Warden, 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. ///// ///// ///// ///// ///// ORDER TRUITT MOORE, Petitioner, No. 2:09-cv-2737 JFM (HC) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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/kly; 001 moor2737.110

Accordingly, IT IS HEREBY ORDERED that petitioner's December 29, 2009, request for appointment of counsel is denied without prejudice to a renewal of the motion at a later stage of the proceedings. DATED: January 6, 2010.

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