Roberts v. Lizarraga

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 11/28/2017 DENYING 9 Motion to Appoint Counsel. (York, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM SCOTT ROBERTS, 12 No. 2:17-cv-2328 MCE AC P Petitioner, 13 v. 14 J. LIZARRAGA, 15 ORDER Respondent. 16 17 Petitioner has requested the appointment of counsel. There currently exists no absolute 18 right to appointment of counsel in habeas proceedings. Nevius v. Sumner, 105 F.3d 453, 460 (9th 19 Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of 20 the case “if the interests of justice so require.” In the present case, the undersigned has 21 recommended dismissal of the petition (ECF No. 7) and therefore does not find that the interests 22 of justice would be served by the appointment of counsel. 23 Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment of 24 counsel (ECF No. 9) is denied. 25 DATED: November 28, 2017 26 27 28

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