Banks v. Davey
ORDER denying Motion for Appointment of Counsel 1 signed by Magistrate Judge Sheila K. Oberto on 6/19/2017. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASE NO. 1:17-cv-00802-SKO HC
ORDER DENYING PETITIONER’S MOTION
FOR APPOINTMENT OF COUNSEL
DAVID DAVEY, Warden
Petitioner Larry Banks, proceeding pro se with a petition for writ of habeas corpus pursuant to
12 28 U.S.C. § 2254, moves for appointment of counsel.
In federal habeas proceedings, no absolute right to appointment of counsel currently exists. See,
14 e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9 Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8
15 Cir. 1984). Nonetheless, a court may appoint counsel at any stage of the case "if the interests of justice
16 so require." 18 U.S.C. § 3006A(a)(2)(B); Rule 8(c), Rules Governing Section 2254 Cases. Petitioner
17 contends that the Court should appoint counsel based on Petitioner’s indigence and lack of knowledge of
18 the law. Because nearly all prisoners share these characteristics, Petitioner, who has competently
19 submitted a petition, alleges no basis by which the Court may appoint counsel on his behalf.
Petitioner's motion for appointment of counsel is hereby DENIED.
IT IS SO ORDERED.
June 19, 2017
UNITED STATES MAGISTRATE JUDGE
Sheila K. Oberto
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