Crockett v. Barnes
Filing
5
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/14/2010 DENYING, w/out prejudice, ptnr's 2 motion for appointment of counsel. (Yin, K)
(HC) Crockett v. Barnes
Doc. 5
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 /s/ Gregory G. Hollows 25 26
GGH:mp; croc2296.110
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LEON WILSON CROCKETT, Petitioner, vs. R. BARNES, 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 26, 2010 motion for appointment of counsel (Docket No. 2) is denied without prejudice to a renewal of the motion at a later stage of the proceedings. DATED: September 14, 2010 ORDER No. CIV S-10-2296 GGH P
GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE
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