McKinney v. Hedgpeth

Filing 8

ORDER DENYING 2 Motion to Appoint Counsel, signed by Magistrate Judge Gary S. Austin on 01/13/2015. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ALONZO McKINNEY,

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Petitioner,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(ECF No. 2)

v.

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Case No. 1:15-cv-00059-GSA-HC

HEDGEPETH,

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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 24, 2014, Petitioner filed his petition in the United
19 States District Court for the Northern District of California. On January 9, 2015, Magistrate
20 Judge Laurel Beeler of the Northern District of California issued an order dismissing Petitioner’s
21 first claim concerning prison conditions and transferring the action to this Court for
22 consideration of the two claims challenging the execution of his sentence. (ECF No. 4).
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There currently exists no absolute right to appointment of counsel in habeas proceedings.

24 See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d
25 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. 3006A(a)(2)(B) authorizes the appointment
26 of counsel at any stage of the case if “the interests of justice so require.” See Rule 8(c), Rules
27 Governing Section 2254 Cases.
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On December 15, 2014, Petitioner filed the instant motion for appointment of counsel.

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1 (ECF No. 2). Petitioner requests counsel, but does not state any reasons as to why counsel
2 should be appointed. Upon a review of the petition, the Court does not find that the interests of
3 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

5 counsel is DENIED.
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IT IS SO ORDERED.
Dated:

January 13, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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