Balbuena v. McDonald et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/13/11 ORDERING that petitioner's 15 Motion to Appoint Counsel is DENIED w/o prejudice to a renewal of the motion at a later stage of the proceedings. (Benson, A.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAVIER BALBUENA,
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Petitioner,
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No. 2:11-cv-0759 JAM KJN P
vs.
M.D. McDONALD, et al.,
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Respondents.
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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 July 7, 2011 motion for
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appointment of counsel (Dkt. No. 15) is denied without prejudice to a renewal of the motion at a
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later stage of the proceedings.
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DATED: July 13, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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balb0759.110(2)
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