Goodridge v. Martel

Filing 32

ORDER denying 28 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 04/18/11. (Plummer, M)

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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 PETER GOODRICH, 10 Petitioner, 11 12 No. CIV S-10-1714 WBS GGH P vs. MICHAEL MARTEL, 13 Respondent. 14 ORDER / 15 For the third time in this action, petitioner has requested the appointment of 16 counsel. As explained twice previously, there currently exists no absolute right to appointment 17 of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). 18 However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case “if 19 the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the 20 present case, the court does not find that the interests of justice would be served by the 21 appointment of counsel at the present time. 22 ///// 23 ///// 24 ///// 25 ///// 26 1 1 Accordingly, IT IS HEREBY ORDERED that petitioner’s April 4, 2011, request 2 for appointment of counsel (Docket No. 28) is denied. 3 DATED: April 18, 2011 4 /s/ Gregory G. Hollows 5 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 6 7 GGH:kly good1714.110 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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