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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM SCOTT ROBERTS,

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No. 2:17-cv-2328 MCE AC P

Petitioner,

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v.

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J. LIZARRAGA,

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ORDER

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. Nevius v. Sumner, 105 F.3d 453, 460 (9th

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Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of

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the case “if the interests of justice so require.” In the present case, the undersigned has

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recommended dismissal of the petition (ECF No. 7) and therefore does not find that the interests

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of justice would be served by the appointment of counsel.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment of

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counsel (ECF No. 9) is denied.

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DATED: November 28, 2017

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