Capps v. McDonald

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 9/3/10 denying 8 Motion to Appoint Counsel.(Dillon, M)

(HC) Capps v. McDonald

Doc. 12

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capp1929.110

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANTHONY CAPPS, Petitioner, vs. MIKE MCDONALD, 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. Accordingly, IT IS HEREBY ORDERED that petitioner's August 30, 2010, request for appointment of counsel is denied without prejudice. DATED: September 3, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE ORDER No. 2:10-cv-1929 KJN

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