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Fair v. Carey

United States District Court, E.D. California
Feb 1, 2006
1:05-CV-01464-OWW-WMW-HC (E.D. Cal. Feb. 1, 2006)

Opinion

1:05-CV-01464-OWW-WMW-HC.

February 1, 2006


ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (DOCUMENT #3)


Petitioner has requested the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir.), cert. denied, 358 U.S. 889 (1958);Mitchell v. Wyrick, 727 F.2d 773 (8th Cir.), cert. denied, 469 U.S. 823 (1984). However, Title 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), Rules Governing Section 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 request for appointment of counsel is denied.

IT IS SO ORDERED.


Summaries of

Fair v. Carey

United States District Court, E.D. California
Feb 1, 2006
1:05-CV-01464-OWW-WMW-HC (E.D. Cal. Feb. 1, 2006)
Case details for

Fair v. Carey

Case Details

Full title:JAMES FAIR, Petitioner, v. THOMAS L. CAREY, Warden, Respondent

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

Date published: Feb 1, 2006

Citations

1:05-CV-01464-OWW-WMW-HC (E.D. Cal. Feb. 1, 2006)