(HC) Jeffries v. Clark

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/21 DENYING 28 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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ANDREW JEFFRIES,

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No. 2:20-cv-2414 JAM KJN P

Petitioner,
v.

ORDER

KEN CLARK,

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Respondent.

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Petitioner requested the appointment of counsel. As petitioner acknowledges, there

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currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v.

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Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the

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appointment of counsel at any stage of the case “if the interests of justice so require.” See Rule

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8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the

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interests of justice 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. 28) is denied without prejudice.

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Dated: November 18, 2021

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/jeff2414.110

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