Dumont v. Superior Court El Dorado County
Filing
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ORDER denying 3 Motion to Appoint Counsel signed by Magistrate Judge Craig M. Kellison on 02/04/14. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RALPH E. DUMONT,
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Petitioner,
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No. 2:13-CV-2541-CMK-P
vs.
ORDER
SUPERIOR COURT EL
DORADO COUNTY,
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Respondent.
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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
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Petitioner seeks 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,
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460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any
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stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254
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Cases. In the present case, the court does not find that the interests of justice would be served by
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the appointment of counsel at the present time.
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///
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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment
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of counsel (Doc. 3) is denied without prejudice to renewal, at the earliest, after a response to the
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petition has been filed.
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DATED: February 4, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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