Lake

(HC) Luedtke v. Lake

Good Law
United States District Court, Eastern District of CaliforniaAugust 13, 20191:19-cv-01034California334 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8

JAMES LUEDTKE, 1:19-cv-1034-SKO (HC) Petitioner,

ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL v. (Doc. 2)

S. LAKE,

Respondent.

16 Petitioner has requested the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. ' 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. Petitioner contends counsel should be appointed because he is indigent, untrained in the law, and has only a tenth-grade education. Petitioner also contends that nearly all pro se filings are dismissed; therefore, dismissals of pro se filings are “simply more government 25 shenanigans.” (Doc. 2 at 2.) The Court does not find…

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