Stone v Martel, et al.,

Filing 35

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/5/2011 ORDERING that ptnr's 31 request for appointment of counsel is DENIED w/out prejudice. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON P. STONE,

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Petitioner,
vs.
M. MARTEL, et al.,
Respondents.

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No. CIV S-10-3454 KJM GGH P

ORDER
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Petitioner has requested the appointment of counsel. There currently exists no

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absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d

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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at

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any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing

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§ 2254 Cases. In the present case, the court does not find that the interests of justice would be

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served by the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s April 27, 2011 request

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for appointment of counsel (Docket No. 31) is denied without prejudice to a renewal of the

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motion at a later stage of the proceedings.

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DATED: May 5, 2011
/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE
GGH:md - ston3454.110(2)