Downs, IV v. Beard
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/27/16 DENYING without prejudice 14 Motion to Appoint Counsel. (Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GREGORY DOWNS, IV,
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No. 2:15-cv-0724 KJN P (TEMP)
Petitioner,
v.
ORDER
JEFFREY BEARD,
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Respondents.
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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 May 20, 2016 request for
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appointment of counsel (ECF No. 14) is denied without prejudice to a renewal of the motion at a
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later stage of the proceedings.
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Dated: May 27, 2016
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down0724.110
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