Tillman v. Board of Prison Terms

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/11 DENYING 15 Motion to Appoint Counsel without prejudice to a renewal of the motion at a later stage of the proceedings. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY B. TILLMAN,

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Petitioner,

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No. 2:11-cv-0816 KJN P

vs.
BOARD OF PRISON TERMS,

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Respondent.

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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 April 14, 2011 request

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for appointment of counsel is denied without prejudice to a renewal of the motion at a later stage

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of the proceedings.

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DATED: April 21, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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till0816.110