Jonathan Hanks v. Sexton

Filing 23

ORDER DENYING 22 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 8/8/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONATHAN HANKS,

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No. 1:18-cv-00202-LJO-SKO HC

Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

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MICHAEL SEXTON, Warden,

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Respondent.

(Doc. 2)
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Petitioner Jonathan Hanks proceeding with a petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254, moves for appointment of counsel.

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In federal habeas proceedings, no absolute right to appointment of counsel currently exists.

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

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774 (8th Cir. 1984). Nonetheless, a court may appoint counsel at any stage of the case "if the

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

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2254 Cases. Petitioner contends that the Court should appoint counsel based on Petitioner’s lack

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of knowledge of the law. Petitioner has competently submitted his petition, and alleges no basis

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by which the Court may appoint counsel on his behalf. Accordingly, Petitioner's motion for

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appointment of counsel is hereby DENIED.

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IT IS SO ORDERED.
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Dated:

August 8, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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