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

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ARCHIE PARKS, ) Case No.: 1:21-cv-01010-NONE-JLT (HC) )

Petitioner, ) ORDER DENYING MOTION FOR ) APPOINTMENT OF COUNSEL v. ) ) (Doc. 8)

PEOPLE OF THE STATE OF CALIFORNIA, )

Respondent. ) ) )

On August 6, 2021, Petitioner filed what appears to be a motion to appoint counsel and a duplicate of his initial habeas petition. (Doc. 8.) 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. § 21 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, Petitioner’s request for appointment of counsel is DENIED.

IT IS SO ORDERED.

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