Maglaya v. People of the State of California

Filing 31

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/29/17 DENYING 30 Motion to Appoint Counsel. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAYSON MAGLAYA,

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No. 2:16-cv-2694 MCE CKD P

Petitioner,
v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
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 the appointment of

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counsel (ECF No. 30) is denied without prejudice to renewal at a later stage of the proceedings.
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Dated: November 29, 2017
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/magl2694.110

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