Smith v. United States District Court for the Northern District

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 4/3/13 denying without prejudice 2 Motion to Appoint Counsel. (Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN R. SMITH, 11 12 13 Petitioner, No. 2:13-cv-0605 KJN P vs. UNITED STATES DISTRICT COURT, 14 Respondent. 15 ORDER / 16 Petitioner has requested the appointment of counsel. There currently exists no 17 absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 18 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at 19 any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing 20 § 2254 Cases. In the present case, the court does not find that the interests of justice would be 21 served by the appointment of counsel at the present time. 22 Accordingly, IT IS HEREBY ORDERED that petitioner’s request for 23 appointment of counsel (dkt. no. 2) is denied without prejudice. 24 DATED: April 3, 2013 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 25 26 will0605.110

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