Santos v. Holland

Filing 5

ORDER DENYING Motion for Appointment of Counsel 2 , signed by Magistrate Judge Sheila K. Oberto on 12/9/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTA J. SANTOS,

1:14 -cv-01929-SKO (HC)

Petitioner,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

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v.

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K. HOLLAND,

(Document#2)
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. Here, the petition is at the screening stage and does not appear to
present difficult or complex issues. Thus, in the present case, the Court does not find that
the interests of justice require the appointment of counsel at the present time. Accordingly,
IT IS HEREBY ORDERED that Petitioner's request for appointment of counsel is
DENIED.
IT IS SO ORDERED.
Dated:

December 9, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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