Panighetti v. Gustello

Filing 21

ORDER signed by Magistrate Judge Craig M. Kellison on 11/21/2017 DENYING 12 and 19 Motions for the Appointment of Counsel. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WESLEY PANIGHETTI,

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Petitioner,

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No. 2:17-CV-1001-CMK-P

vs.

ORDER

J. GUSTELLO,

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Respondent.

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/

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court are petitioner’s motions

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for the appointment of counsel (Docs. 12 and 19).

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There currently exists no absolute right to appointment of counsel in habeas

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proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C.

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§ 3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice

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so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does

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not find that the interests of justice would be served by the appointment of counsel. Further

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requests for the appointment of counsel will not be considered.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motions for the
appointment of counsel (Docs. 12 and 19) are denied.

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DATED: November 21, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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