Ciotta v. Frauenheim

Filing 6

ORDER DENYING 2 Motion to Appoint Counsel, signed by Magistrate Judge Erica P. Grosjean on 12/16/2015. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN CIOTTA,
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-01849-EPG-HC

S. FRAUENHEIM,
Respondent.

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Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28

18 U.S.C. § 2254. Petitioner has requested the appointment of counsel. (ECF No. 2).
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There currently exists no absolute right to appointment of counsel in habeas proceedings.

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

2 counsel is DENIED.
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Dated:

December 16, 2015

/s/
UNITED STATES MAGISTRATE JUDGE

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