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Holsome v. Runnels

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 26, 2009

GLENN CAROLE HOLSOME, PETITIONER,
v.
DAVE RUNNELS, WARDEN, ET AL., RESPONDENTS.

ORDER

Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. On May 19, 2009, petitioner's application was denied. On June 16, 2009, petitioner filed a motion seeking substitution of 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). Petitioner was however previously appointed counsel in this matter.

Accordingly, IT IS HEREBY ORDERED that petitioner's June 16, 2009 motion for the substitution of counsel is denied.

20090626

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