Ortega v. Gipson

Filing 33

ORDER denying 32 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 9/29/15. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTOR ANTHONY ORTEGA,

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No. 2:13-cv-1913 KJM KJN P

Petitioner,
v.

ORDER

CONNIE GIPSON,

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Respondents.

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Petitioner has requested the appointment of counsel. There currently exists no absolute

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right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460

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(9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage

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of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.

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In the present case, the petition is fully briefed, and no action by petitioner is required at this time.

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The court does not find that the interests of justice would be served by the appointment of counsel

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at the present time.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s September 21, 2015 request for

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appointment of counsel (ECF No. 32) is denied without prejudice.

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Dated: September 29, 2015

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orte1913.110

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