Barger v. Director of OPS of CDCR

Filing 16

ORDER DENYING 15 Motion for Appointment of Counsel signed by Magistrate Judge Barbara A. McAuliffe on 11/25/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY DALE BARGER,
Petitioner,

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1:14 -cv-01693-BAM (HC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
DIRECTOR OF OPS OF CDCR,

(Document#15)

Respondent.

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Petitioner has requested the appointment of counsel. There currently exists no
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absolute right to appointment of counsel in habeas proceedings. See, e.g.,
Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727
F.2d 773, 774 (8th Cir. 1984). However, 18 U.S.C. ' 3006A(a)(2)(B) authorizes
the appointment of counsel at any stage of the case if "the interests of justice so
require." See Rule 8(c), Rules Governing Section 2254 Cases. In the present case,
although the Petitioner submits records that show that in 2013 he suffered
traumatic brain injury, it does not appear that the petition raises novel or complex
claims. The Court is awaiting Petitioner’s response to the order regarding consent

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to Magistrate Judge jurisdiction that issued on November 3, 2014; once the Court

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receives Petitioner’s response, the case will be screened in detail, which will

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permit the claims to be evaluated. In summary, 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 counsel is DENIED.
IT IS SO ORDERED.
Dated:

/s/ Barbara

November 25, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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