Goff v. Salinas

Filing 24

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/11/12 DENYING without prejudice 19 Motion to Appoint Counsel. (Dillon, M)

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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 THOMAS L. GOFF, 10 Petitioner, 11 12 No. 2:11-cv-3410 WBS GGH P vs. M. SALINAS, Warden, 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 ///// 22 ///// 23 ///// 24 ///// 25 ///// 26 ///// 1 Accordingly, IT IS HEREBY ORDERED that petitioner’s August 8, 2012, 2 request for appointment of counsel (Docket No. 19) is denied without prejudice to a renewal of 3 the motion at a later stage of the proceedings. 4 DATED: September 11, 2012 5 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 6 7 GGH:kly 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 goff3410.110

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