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Torres v. Yates

United States District Court, E.D. California
Aug 7, 2007
1:07-cv-01144-LJO-WMW (HC) (E.D. Cal. Aug. 7, 2007)

Opinion

1:07-cv-01144-LJO-WMW (HC).

August 7, 2007


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

Torres v. Yates

United States District Court, E.D. California
Aug 7, 2007
1:07-cv-01144-LJO-WMW (HC) (E.D. Cal. Aug. 7, 2007)
Case details for

Torres v. Yates

Case Details

Full title:CESAR ALFREDO TORRES, Petitioner, v. JAMES A. YATES, Respondent

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

Date published: Aug 7, 2007

Citations

1:07-cv-01144-LJO-WMW (HC) (E.D. Cal. Aug. 7, 2007)