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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DAVID DANIEL FAGAN,
)
)
Petitioner,
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v.
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R. J. KIRKLAND,
)
)
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Respondent.
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____________________________________)
1:06-CV-0439 OWW SMS HC
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(DOCUMENT #2)
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.
Dated: April 27, 2006
/s/ Sandra M. Snyder
23ehd0
UNITED STATES MAGISTRATE JUDGE
Case 1:06-cv-00439-OWW-SMS Document 4 Filed 04/28/2006 Page 1 of 1
(HC) Fagan v. Kirkland
Doc. 4
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