Van Williams v. Grounds

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/30/12 ORDERING that petitioner's motion for appointment of counsel 15 is denied without prejudice to a renewal of the motion at a later stage of the proceedings. (Becknal, R)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 EXZANDRIAN VAN WILLIAMS, 10 11 12 Petitioner, No. CIV-S-11-3082 CKD P vs. RANDY GROUNDS, 13 Respondent. 14 ORDER / 15 Petitioner has requested the appointment of counsel. There currently exists no 16 absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 17 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at 18 any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing 19 § 2254 Cases. In the present case, the court does not find that the interests of justice would be 20 served by the appointment of counsel at the present time. 21 Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment 22 of counsel (Docket No. 15) is denied without prejudice to a renewal of the motion at a later stage 23 of the proceedings. 24 Dated: March 30, 2012 25 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 26 /mp; vanw3082.110

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