Wilhelm v. Davis

Filing 6

ORDER DENYING 3 Motion to Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 11/14/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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STEVEN HAIRL WILHELM,

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Petitioner,

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Case No. 1:14-cv-01776-SAB-HC
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
(ECF No. 3)
RON DAVIS,

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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. On November 13, 2014, Petitioner filed a motion for appointment
19 of counsel. Petitioner argues that counsel should be appointed to protect his interests.
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There currently exists no absolute right to appointment of counsel in habeas proceedings.

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

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2 counsel is DENIED.
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IT IS SO ORDERED.

5 Dated:

November 14, 2014
UNITED STATES MAGISTRATE JUDGE

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