Johnson v. Copenhaver

Filing 24

ORDER denying 23 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 9/14/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARCUS LAMAR JOHNSON,

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Petitioner,

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v.

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CASE NO. 1:14-cv-01672-LJO-BAM HC
ORDER DENYING PETITIONER’S MOTION
FOR APPOINTMENT OF COUNSEL

PAUL COPENHAVER,

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Respondent.

(Doc. 23)

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

13 2241, again moves for appointment of counsel. In habeas proceedings, no absolute right to appointment
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14 of counsel currently exists. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9 Cir. 1958); Mitchell v.
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15 Wyrick, 727 F.2d 773, 774 (8 Cir. 1984). Nonetheless, a court may appoint counsel at any stage of the

16 case "if the interests of justice so require." 18 U.S.C. § 3006A(a)(2)(B); Rule 8(c), Rules Governing
17 Section 2254 Cases.
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The Court finds that the petition, the response, and the reply have all been filed in this case. As a

19 result, no purpose will be served by appointing counsel in this case. The Court acknowledges Petitioner's
20 impatience in waiting for resolution of his petition. Many petitioners await resolution of their petitions;
21 the Court addresses each petition before it in due course.
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Accordingly, the Court hereby DENIES Petitioner's motion for appointment of counsel.

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IT IS SO ORDERED.
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Dated:

/s/ Barbara

September 14, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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