Morris v. Yates

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 9/29/2010 DENYING, w/out prejudice, ptnr's 4 motion for appointment of counsel. (Yin, K)

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(HC)Morris v. Yates Doc. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 morr2611.110 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES MORRIS, Petitioner, vs. JAMES A. YATES, 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 September 22, 2010 motion for appointment of counsel is denied without prejudice to a renewal of the motion at a later stage of the proceedings. DATED: September 29, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE ORDER No. CIV S-10-2611 KJN P

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