Audette v. Swarthout

Filing 5

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/6/2011 DENYING, w/out prejudice, ptnr's 2 request for appointment of counsel. (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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CARLTON LEE AUDETTE,

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Petitioner,

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No. CIV S-11-1343 GGH (TEMP) P

vs.
GARY SWARTHOUT,

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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 May 18, 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: June 6, 2011

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/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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GGH:md

aude1343.110

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