Wallace v. Barnes

Filing 12

ORDER denying 11 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 03/17/14. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE WALLACE, 12 13 14 15 No. 2:14-cv-157-EFB P Petitioner, v. ORDER RON E. BARNES, Respondent. 16 17 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. He has requested that the court appoint counsel. There currently exists no 19 absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 20 453, 460 (9th Cir. 1996). The court may appoint counsel at any stage of the proceedings “if the 21 interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing 22 § 2254 Cases. The court does not find that the interests of justice would be served by the 23 appointment of counsel at this stage of the proceedings. 24 Accordingly, it hereby is ORDERED that petitioner’s request for appointment of counsel 25 (ECF No. 11) is denied without prejudice. 26 Dated: March 17, 2014. 27 28

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