Briggs v. Fresno Superior Court et al

Filing 11

ORDER Denying 10 Motion for Appointment of Counsel, signed by Magistrate Judge Sheila K. Oberto on 12/10/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHNNY LEE BRIGGS,

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Petitioner,

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1:12-cv-01549-SKO (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.
FRESNO SUPERIOR COURT, et al.,

(DOCUMENT #10)
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Respondent.
____________________________________/

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Petitioner has requested the appointment of counsel.

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There currently exists no absolute right to the appointment of counsel in non-capital,

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federal habeas corpus proceedings. McFarland v. Scott, 512 U.S. 849, 857 n.3 (1994); Miranda

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v. Castro, 292 F.3d 1063, 1067 (9th Cir. 2002); Anderson v. Heinze, 258 F.2d 479, 481 (9th

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Cir.), cert. denied, 358 U.S. 889 (1958). The Sixth Amendment right to counsel does not apply

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in habeas corpus actions, which are civil in nature. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th

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Cir.1986); Anderson, 258 F.2d at 481.

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However, 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any

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stage of the case if "the interests of justice so require." See Rule 8(c), Rules Governing Section

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2254 Cases. The present case is at the screening stage of proceedings, and so the nature and

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complexity of Petitioner’s petition are uncertain. Therefore, the Court does not find that the

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interests of justice require the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of

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counsel is denied.

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IT IS SO ORDERED.

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Dated:
3em3ec

December 10, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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