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Dennis Wayne Mize v. M. Cate
August 31, 2012
DENNIS WAYNE MIZE,
PETITIONER,
v.
M. CATE, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner seeks the appointment of counsel (Doc. 28).*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. In the
present case, the court does not at this time find that the interests
of justice would be served by the appointment of counsel. Further
requests for the appointment of counsel
will not be considered unless the court grants leave to conduct
discovery, in which case petitioner may re-apply for the appointment
of counsel.
Accordingly, IT IS HEREBY ORDERED that petitioner's motion for appointment of ...