Bowen v. Hegpeth et al

Filing 28

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/30/2012 DENYING, without prejudice, petitioner's 27 request for appointment of counsel. (Yin, K)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 WAYNE LEE BOWEN, 10 Petitioner, 11 12 13 vs. A. HEGPETH, et al., Respondents. 14 15 No. CIV-S-10-1454 WBS CKD P ORDER / Petitioner has requested the appointment of counsel. There currently exists no 16 absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 17 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at 18 any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing 19 § 2254 Cases. In the present case, the court does not find that the interests of justice would be 20 served by the appointment of counsel at the present time. 21 Accordingly, IT IS HEREBY ORDERED that petitioner’s March 19, 2012 request 22 for appointment of counsel (Docket No. 27) is denied without prejudice to a renewal of the 23 motion at a later stage of the proceedings. 24 25 26 Dated: March 30, 2012 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

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