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Melvin Richard Pena v. Matthew Cate

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


January 9, 2013

MELVIN RICHARD PENA, PETITIONER,
v.
MATTHEW CATE, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, RESPONDENT.

The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

ORDER

[Re: Motion at Docket No. 36]

At Docket No. 36, Melvin Richard Pena, a state prisoner appearing pro se, filed a second Motion to Appoint Counsel. This Court has previously considered and rejected Pena's request to appoint counsel.*fn1 As noted in the prior Order, there is no constitutional right to counsel in federal habeas proceedings, and Pena has not provided any reason for this Court to reconsider and reverse its prior determination not to appoint counsel in this case.

IT IS THEREFORE ORDERED THAT the Motion for Appointment of Counsel at Docket No. 36 is DENIED.

James K. Singleton, Jr.


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