Hughes v. People of the State of California

Filing 41

ORDER Denying Petitioner's 33 Motion for Appointment of Counsel, signed by Magistrate Judge Sheila K. Oberto on 5/9/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BERNARD C. HUGHES,

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Petitioner,

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v.

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CASE NO. 1:14-cv-01237-LJO-SKO HC
ORDER DENYING PETITIONER’S MOTION
FOR APPOINTMENT OF COUNSEL

WARDEN MARTIN BITER,

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Respondent.

(Doc. 33)

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Petitioner, proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C.

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12 § 2254, moves for appointment of counsel. Petitioner contends that he is entitled to counsel pursuant to
13 18 U.S.C. § 3006A(g), which provides for the establishment of offices of federal public defenders in
14 certain judicial districts. Petitioner is incorrect. Section 3006A(g) does not provide for appointment of
15 counsel for habeas petitioners. As previously set forth in this Court’s October 23, 2015, order (Doc.
16 29), no absolute right to appointment of counsel currently exists in habeas proceedings. See, e.g.,
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17 Anderson v. Heinze, 258 F.2d 479, 481 (9 Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8 Cir.

18 1984).
A court may appoint counsel at any stage of the case only "if the interests of justice so require."

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20 18 U.S.C. § 3006A(a)(2)(B); Rule 8(c), Rules Governing Section 2254 Cases. Petitioner’s motion (Doc.
21 33) offers no reasons why the interests of justice require appointment of counsel in this case. Because
22 Petitioner has already competently filed his petition and a reply to Respondent’s response, the interests
23 of justice do not now require the appointment of counsel.
Petitioner's motion for appointment of counsel is hereby DENIED.

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IT IS SO ORDERED.
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Dated:

May 9, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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