Harris v. Gipson
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/8/2014 DENYING petitioner's 39 request for appointment of counsel. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL JAY HARRIS,
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No. 2:13-cv-2604 TLN CKD P
Petitioner,
v.
ORDER
CONNIE GIPSON,
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Respondent.
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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 court does not find that the interests of justice would be served by the
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appointment of counsel, as the petition is fully submitted. (ECF Nos. 1, 27, 37.)
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Accordingly, IT IS HEREBY ORDERED that petitioner’s September 26, 2014 request for
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appointment of counsel (ECF No. 39) is denied.
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Dated: October 8, 2014
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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2/md; harr2604.110
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