Fletcher v. Lizarraga

Filing 29

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/12/2016 DENYING petitioner's 28 Motion for Appointment of Counsel. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DRAMAINE FLETCHER,

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No. 2:14-cv-1409 TLN CKD P

Petitioner,

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v.

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J. LIZARRAGA,

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ORDER

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 at the present time.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment of

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counsel (ECF No. 28) is denied.

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Dated: January 12, 2016

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/mp; flet1409.110