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Balbuena v. McDonald

United States District Court, E.D. California
May 11, 2011
No. 2:11-cv-0759 JAM KJN P (E.D. Cal. May. 11, 2011)

Opinion

No. 2:11-cv-0759 JAM KJN P.

May 11, 2011


ORDER


Petitioner has requested the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed.R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time.

Accordingly, IT IS HEREBY ORDERED that petitioner's May 4, 2011 motion for appointment of counsel (Dkt. No. 7) is denied without prejudice to a renewal of the motion at a later stage of the proceedings.

DATED: May 10, 2011


Summaries of

Balbuena v. McDonald

United States District Court, E.D. California
May 11, 2011
No. 2:11-cv-0759 JAM KJN P (E.D. Cal. May. 11, 2011)
Case details for

Balbuena v. McDonald

Case Details

Full title:JAVIER BALBUENA, Petitioner, v. M.D. McDONALD, et al., Respondents

Court:United States District Court, E.D. California

Date published: May 11, 2011

Citations

No. 2:11-cv-0759 JAM KJN P (E.D. Cal. May. 11, 2011)