Torres v. Peery

Filing 50

ORDER DENYING 49 Motion to Appoint Counsel, signed by Magistrate Judge Sheila K. Oberto on 9/24/18. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OSCAR PABLO TORRES,

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No. 1:17-cv-00169-LJO-SKO (HC)

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
SUZANNE PEERY,

(Doc. 49)
Respondent.

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Petitioner Oscar Pablo Torres, proceeding with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254, moves for appointment of counsel.
In federal habeas proceedings, no absolute right to appointment of counsel currently

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exists. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727

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F.2d 773, 774 (8th Cir. 1984). Nonetheless, a court may appoint counsel at any stage of the case

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"if the interests of justice so require." 18 U.S.C. § 3006A(a)(2)(B); Rule 8(c), Rules Governing

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Section 2254 Cases. Petitioner contends that the Court should appoint counsel based on

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Petitioner’s indigence, the complexity of the case, and lack of knowledge of the law. Because

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nearly all prisoners share these characteristics, Petitioner, who has competently submitted a

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petition, alleges no basis by which the Court may appoint counsel on his behalf.

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Petitioner's motion for appointment of counsel is hereby DENIED.

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IT IS SO ORDERED.
Dated:

September 24, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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