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Darryl Keith Alexander v. Domingo Uribe

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


January 29, 2013

DARRYL KEITH ALEXANDER, PETITIONER,
v.
DOMINGO URIBE, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Petitioner requested the appointment 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). 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. On October 31, 2012, petitioner's application for writ of habeas corpus was dismissed, and judgment was entered. Thus, the court does not find that the interests of justice would be served by the appointment of counsel.

Accordingly, IT IS HEREBY ORDERED that petitioner's January 18, 2013 request for appointment of counsel (dkt. no. 61) is denied.

20130129

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