Stone v Martel, et al.,
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
AARON P. STONE,
M. MARTEL, et al.,
No. CIV S-10-3454 KJM GGH P
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 April 27, 2011 request
for appointment of counsel (Docket No. 31) is denied without prejudice to a renewal of the
motion at a later stage of the proceedings.
DATED: May 5, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:md - ston3454.110(2)
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