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Garcia v. Hedgeth

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Aug 21, 2012
1:12-cv- 00629 AWI JLT (HC) (E.D. Cal. Aug. 21, 2012)

Opinion

1:12-cv- 00629 AWI JLT (HC)

08-21-2012

FRANCISCO HOLGUIN GARCIA, Petitioner, v. ANTHONY HEDGETH, Respondent.


ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL


(DOCUMENT #16)

Petitioner has requested the appointment of counsel, citing his lack of training in matters of law as grounds therefore. 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. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. § 3006A(a)(2)(B) 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 require 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.

Jennifer L. Thurston

UNITED STATES MAGISTRATE JUDGE


Summaries of

Garcia v. Hedgeth

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Aug 21, 2012
1:12-cv- 00629 AWI JLT (HC) (E.D. Cal. Aug. 21, 2012)
Case details for

Garcia v. Hedgeth

Case Details

Full title:FRANCISCO HOLGUIN GARCIA, Petitioner, v. ANTHONY HEDGETH, Respondent.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Aug 21, 2012

Citations

1:12-cv- 00629 AWI JLT (HC) (E.D. Cal. Aug. 21, 2012)