Plascencia v. People of the State of California

Filing 7

ORDER denying 6 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 11/13/14. (Plummer, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JOSE PLASCENCIA, 11 12 13 14 Petitioner, v. ORDER PEOPLE OF THE STATE OF CALIFORNIA, Respondent. 15 16 No. 2:14-cv-2412 WBS KJN P Petitioner has requested the appointment of counsel. There currently exists no absolute 17 right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 18 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage 19 of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. 20 In the present case, the court does not find that the interests of justice would be served by the 21 appointment of counsel at the present time. 22 Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of 23 counsel (ECF No. 6) is denied without prejudice. 24 Dated: November 13, 2014 25 26 27 /plas2412.110 28 1

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