Fox v. Sherman
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 4/24/2017 DENYING without prejudice petitioner's 23 request for appointment of counsel. Petitioner shall file his objections to the findings and recommendations, if any, not later than 5/12/2017. (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 ALLAHRAE FOX,
No. 2:15-cv-2561 JAM GGH P
Petitioner,
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v.
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ORDER
STU SHERMAN,
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 request for appointment of
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counsel (ECF No. 23) is denied without prejudice to a renewal of the motion at a later stage of the
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proceedings.
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Petitioner shall file his objections to the findings and recommendations (ECF No. 22), if
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any, not later than May 12, 2017.
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Dated: April 24, 2017
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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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