Ranteesi v. Grounds

Filing 93

ORDER signed by Magistrate Judge Gregory G. Hollows on 08/29/11 denying 85 Motion to Appoint Counsel. Petitioner's 06/01/11 motion 80 is vacated. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SIMON F. RANTEESI,

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Petitioner,

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No. CIV S-10-0439 GEB GGH P

vs.
RANDY GROUNDS,

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Respondent.

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ORDER
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Petitioner has requested the appointment of counsel. There currently exists no

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absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d

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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at

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any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing

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§ 2254 Cases.

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In the present case, the court does not find that the interests of justice would be

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served by the appointment of counsel at the present time. This is petitioner’s fifth request for the

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appointment of counsel, all prior requests have been denied. The claims in this petition are

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straight forward and not complex. Also, the petition is now fully briefed, so it is not clear how

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counsel would be appropriate at this stage in the case.

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////

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s August 2, 2011 request for appointment of counsel is denied;

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2. Petitioner’s June 1, 2011, motion is vacated.

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DATED: August 29, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB

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rant0439.110(5)