Santana v. Warden of PBSP
ORDER signed by Magistrate Judge Kendall J. Newman on 03/16/11 ORDERING that petitioner's 15 Motion to Appoint Counsel is DENIED w/o prejudice. (Benson, A.)
-KJN (HC) Santana v. Warden of PBSP
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ALEJANDRO SANTANA, Petitioner, vs. WARDEN OF PBSP, 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 March 9, 2011 request for appointment of counsel is denied without prejudice. DATED: March 16, 2011 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE ORDER No. 2:10-cv-2317 KJM KJN P
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