(HC) Chavez v. Gamboa

• Court: District Court, E.D. California
• Decided: July 28, 2022
• Docket: 1:22-cv-00920
• Status: Unknown

Opinion

1 2

3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11

12 ULISES CHAVEZ, Case No. 1:22-cv-00920-SKO (HC)

13 Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 14 v. [Doc. No. 2] 15 MARTIN GAMBOA, Warden, 16 Respondent.

17 18 Petitioner has requested the appointment of counsel. There currently exists no absolute 19 right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 20 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 21 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the 22 interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the 23 present case, the Court does not find that the interests of justice require the appointment of 24 counsel at the present time. 25 // 26 // 27 // 1 Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of 2 counsel is DENIED. 3 IT IS SO ORDERED. 4

5 Dated: July 27, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 6

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27