Cross v. Harris

Filing 16

ORDER DENYING 15 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 3/28/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TOMMY WILLIAM CROSS,

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Petitioner,

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No. 1:17-cv-00877-LJO-SKO (HC)

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
KAMALA HARRIS,

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Respondent.

(Doc. 15)

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Petitioner Tommy William Cross is proceeding with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254 and now 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 his

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indigence. Because nearly all prisoners share this same characteristic, Petitioner, who has

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competently submitted a petition, alleges no basis by which the Court may appoint counsel on his

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behalf.

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//

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//
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Petitioner's motion for appointment of counsel is hereby DENIED.
IT IS SO ORDERED.

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Dated:
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March 28, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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