Nieto v. Swarthout

Filing 10

ORDER DENYING 2 Motion to Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 4/29/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SANTOS GARCIA NIETO,

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Petitioner,

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Case No. 1:14-cv-00571-SAB-HC
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
[ECF NO. 2]
GARY SWARTHOUT,

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Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

18 pursuant to 28 U.S.C. § 2254.
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Petitioner has requested the appointment of counsel. There currently exists no absolute

20 right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d
21 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title
22 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the
23 interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the
24 present case, the Court does not find that the interests of justice require the appointment of
25 counsel at the present time.
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ORDER

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

3 counsel is DENIED.
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IT IS SO ORDERED.
Dated:

April 29, 2014
UNITED STATES MAGISTRATE JUDGE

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