(HC) Parks v. People of the State of California

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 ARCHIE PARKS, ) Case No.: 1:21-cv-01010-NONE-JLT (HC) ) 12 Petitioner, ) ORDER DENYING MOTION FOR ) APPOINTMENT OF COUNSEL 13 v. ) ) (Doc. 8) 14 PEOPLE OF THE STATE OF CALIFORNIA, )

15 Respondent. ) ) 16 )

17 On August 6, 2021, Petitioner filed what appears to be a motion to appoint counsel and a 18 duplicate of his initial habeas petition. (Doc. 8.) There currently exists no absolute right to 19 appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th 20 Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. § 21 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if “the interests of 22 justice so require.” See Rule 8(c), Rules Governing Section 2254 Cases. In the present case, the Court 23 does not find that the interests of justice require the appointment of counsel at the present time. 24 Accordingly, Petitioner’s request for appointment of counsel is DENIED. 25 26 IT IS SO ORDERED.

27 Dated: August 11, 2021 _ /s/ Jennifer L. Thurston 28 CHIEF UNITED STATES MAGISTRATE JUDGE