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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AARON P. STONE, 11 12 13 14 Petitioner, vs. M. MARTEL, et al., Respondents. 15 16 No. CIV S-10-3454 KJM GGH P ORDER / Petitioner has requested the appointment of counsel. There currently exists no 17 absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 18 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at 19 any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing 20 § 2254 Cases. In the present case, the court does not find that the interests of justice would be 21 served by the appointment of counsel at the present time. 22 Accordingly, IT IS HEREBY ORDERED that petitioner’s April 27, 2011 request 23 for appointment of counsel (Docket No. 31) is denied without prejudice to a renewal of the 24 motion at a later stage of the proceedings. 25 DATED: May 5, 2011 /s/ Gregory G. Hollows 26 UNITED STATES MAGISTRATE JUDGE GGH:md - ston3454.110(2)

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