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Winston v. Swarthout

United States District Court, E.D. California
Nov 15, 2010
No. CIV S-10-2554 JAM EFB P (E.D. Cal. Nov. 15, 2010)

Opinion

No. CIV S-10-2554 JAM EFB P.

November 15, 2010


ORDER


Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He has requested that the court appoint 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). The court may appointment counsel at any stage of the proceedings "if the interests of justice so require." See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing Section 2254 Cases. The court does not find that the interests of justice would be served by the appointment of counsel at this stage of the proceedings.

Accordingly, it hereby is ORDERED that petitioner's November 5, 2010, request for appointment of counsel is denied without prejudice.

DATED: November 15, 2010.


Summaries of

Winston v. Swarthout

United States District Court, E.D. California
Nov 15, 2010
No. CIV S-10-2554 JAM EFB P (E.D. Cal. Nov. 15, 2010)
Case details for

Winston v. Swarthout

Case Details

Full title:DOUGLAS J. WINSTON, Petitioner, v. GARY SWARTHOUT, Respondent

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

Date published: Nov 15, 2010

Citations

No. CIV S-10-2554 JAM EFB P (E.D. Cal. Nov. 15, 2010)