Henson v. Barron, et al.

Filing 16

ORDER DENYING Petitioner's 14 Motion to Appoint Counsel, signed by Magistrate Judge Sheila K. Oberto on 03/08/2017. (Martin-Gill, S)

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF CALIFORNIA

3
4

ERICK D. HENSON,

5

CASE NO. 1:17-cv-00046-SKO HC
Petitioner,

6

v.

7

ORDER DENYING PETITIONER’S MOTION
FOR APPOINTMENT OF COUNSEL

REBECCA BARRON, et als.,

8

Respondents.

(Doc. 14)

9
10
Petitioner Erick D. Henson, proceeding pro se with a petition for writ of habeas corpus pursuant

11

12 to 28 U.S.C. § 2254, moves for appointment of counsel. Petitioner contends that the Court should
13 appoint counsel based on Petitioner’s indigency.
In federal habeas proceedings, no absolute right to appointment of counsel currently exists. See,

14

th
th
15 e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9 Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8

16 Cir. 1984). Nonetheless, a court may appoint counsel at any stage of the case "if the interests of justice
17 so require." 18 U.S.C. § 3006A(a)(2)(B); Rule 8(c), Rules Governing Section 2254 Cases.
18 Petitioner, who has competently submitted a petition and multiple motions to this date, alleges no basis
19 by which the Court may appoint counsel on his behalf.
Petitioner's motion for appointment of counsel is hereby DENIED.

20
21

IT IS SO ORDERED.
22
23 Dated:
24

March 8, 2017

/s/

UNITED STATES MAGISTRATE JUDGE
25
26
27
28
29
30

Sheila K. Oberto

1

.