Carter v. Asuncion

Filing 9

ORDER signed by Magistrate Judge Allison Claire on 3/1/2018 DENYING without prejudice 7 Request for Appointment of Counsel. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEWAYNE CARTER,

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No. 2:18-cv-0078 AC P

Petitioner,
v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.

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Petitioner has requested the appointment of counsel. ECF No. 7. There currently exists

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no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105

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F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of

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counsel at any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R.

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Governing § 2254 Cases. In the present case, the court does not find that the interests of justice

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would be served by the 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. 7) is DENIED without prejudice to a renewal of the motion at a later stage of

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the proceedings.

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DATED: March 1, 2018

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