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Parvin v. Cate

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


January 6, 2010

JOHN ALAN PARVIN, PETITIONER,
v.
MATTHEW CATE, RESPONDENT.

ORDER

Petitioner has filed a second motion for the appointment of counsel.*fn1 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). However, 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), Fed. R. Governing § 2254 Cases. As with petitioner's first motion, 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 December 21, 2009 motion for appointment of counsel is denied without prejudice.


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