Elawyers Elawyers
Ohio| Change

HARRIS v. GIPSON, 2:13-cv-2604 TLN CKD P. (2014)

Court: District Court, E.D. California Number: infdco20141009d42 Visitors: 27
Filed: Oct. 08, 2014
Latest Update: Oct. 08, 2014
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. Petitioner has 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. In the present case, the court does not find that the interests of ju
More

ORDER

CAROLYN K. DELANEY, Magistrate Judge.

Petitioner has 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. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel, as the petition is fully submitted. (ECF Nos. 1, 27, 37.)

Accordingly, IT IS HEREBY ORDERED that petitioner's September 26, 2014 request for appointment of counsel (ECF No. 39) is denied.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer