West v. Dickinson

Filing 119

ORDER signed by Magistrate Judge Allison Claire on 10/3/2013 DENYING, without prejudice, petitioner's 115 request for appointment of counsel. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MACK A. WEST, Jr., 12 Petitioner, 13 14 No. 2:09-cv-3147 KJM AC P v. ORDER RANDY GROUNDS, 15 Respondent. 16 Petitioner has requested the appointment of counsel. There currently exists no absolute 17 18 right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 19 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage 20 of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. 21 In the present case, the court does not find that the interests of justice would be served by the 22 appointment of counsel at the present time. 23 Accordingly, IT IS HEREBY ORDERED that petitioner’s September 25, 2013 request for 24 appointment of counsel (ECF No. 115) is denied without prejudice to a renewal of the motion at a 25 //// 26 //// 27 //// 28 //// 1 1 later stage of the proceedings. 2 DATED: October 3, 2013 3 4 5 6 7 8 9 10 AC:ts/md; west3147.110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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