Baker v. Sherman

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/20/17 DENYING 5 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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TIMOTHY R. BAKER,

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No. 2:17-cv-2096 CKD P

Petitioner,
v.

ORDER

STU SHERMAN, Warden,

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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. 5) 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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Dated: October 20, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/bake2096.110

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