Elawyers Elawyers
Ohio| Change

TERRELL v. CDCR, 2:14-cv-2713 MCE AC P. (2015)

Court: District Court, E.D. California Number: infdco20150717883 Visitors: 18
Filed: Jul. 16, 2015
Latest Update: Jul. 16, 2015
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Petitioner has requested the appointment of counsel on appeal. ECF No. 23. As an initial matter, petitioner's request for an attorney on appeal is premature and outside the scope of this court's authority. To the extent plaintiff is seeking appointment of counsel in the instant action, 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
More

ORDER

Petitioner has requested the appointment of counsel on appeal. ECF No. 23. As an initial matter, petitioner's request for an attorney on appeal is premature and outside the scope of this court's authority. To the extent plaintiff is seeking appointment of counsel in the instant action, 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 at the present time.

Accordingly, IT IS HEREBY ORDERED that petitioner's request for appointment of counsel (ECF No. 23) is denied without prejudice to a renewal of the motion at a later stage of the proceedings.

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