Sepulveda v. Swarthout

Filing 29

ORDER Denying Petitioner's Motion To Appoint Counsel (Doc. 15 ), signed by Magistrate Judge Jennifer L. Thurston on 1/8/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ONTIVEROS SEPULVEDA,

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Petitioner,
v.
SWARTHOUT, Warden,
Respondent.

) Case No.: 1:13-cv-00723-JLT (HC)
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) ORDER DENYING PETITIONER’S MOTION TO
) APPOINT COUNSEL (Doc. 15)
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Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
DISCUSSION

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On August 12, 2013, Petitioner filed the instant motion to appoint counsel, citing the fact that

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his inmate legal advisor is being transferred to another institution. (Doc. 15). There currently exists

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no absolute right to appointment of counsel in habeas proceedings. See e.g., Anderson v. Heinze, 258

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F.2d 479, 481 (9th Cir.), cert. denied, 358 U.S. 889 (1958); Mitchell v. Wyrick, 727 F.2d 773 (8th

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Cir.), cert. denied, 469 U.S. 823 (1984). However, Title 18 U.S.C. § 3006A authorizes the

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appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c),

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Rules Governing Section 2254 Cases. In the present case, the Court does not find that the interests of

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justice require the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that Petitioner's motion for appointment of counsel
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(Doc. 15), is DENIED.

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IT IS SO ORDERED.
Dated:

January 8, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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