Swagerty v. Cate

Filing 37

ORDER denying 36 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 11/25/13. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK SWAGERTY,

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No. 2:12-cv-30-EFB P

Petitioner,
v.

ORDER

MATTHEW CATE,
Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. He has requested that the court appoint 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). The court may appoint counsel at any stage of the proceedings “if the

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interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing

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§ 2254 Cases. The court does not find that the interests of justice would be served by the

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appointment of counsel at this stage of the proceedings.

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Accordingly, it hereby is ORDERED that petitioner’s request for appointment of counsel

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(ECF No. 36) is denied without prejudice.

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Dated: November 25, 2013.

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