Fritz v. Warden, R.J. Donovan Correctional Facility, 2:17-cv-0263 JAM DB P. (2019)
Court: District Court, E.D. California
Number: infdco20190731a26
Filed: Jul. 29, 2019
Latest Update: Jul. 29, 2019
Summary: ORDER DEBORAH BARNES , Magistrate Judge . Petitioner is a county inmate proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has requested the appointment of counsel. (ECF No. 19.) In support of his motion petitioner argues that he does not have legal training. 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
Summary: ORDER DEBORAH BARNES , Magistrate Judge . Petitioner is a county inmate proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has requested the appointment of counsel. (ECF No. 19.) In support of his motion petitioner argues that he does not have legal training. 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..
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ORDER
DEBORAH BARNES, Magistrate Judge.
Petitioner is a county inmate proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has requested the appointment of counsel. (ECF No. 19.) In support of his motion petitioner argues that he does not have legal training. 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. 19) is denied without prejudice to a renewal of the motion at a later stage of the proceedings.
Source: Leagle
