(HC) Kizzee v. Matevousian

Filing 16

ORDER DENYING 4 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 9/5/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY G. KIZZEE,

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Petitioner,

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No. 1:18-cv-01183-SKO (HC)

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
ANDRE MATEVOUSIAN, Warden,

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(Doc. 4)
Respondent.

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Petitioner Anthony G. Kizzee is proceeding with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2241 and 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.

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Petitioner contends that the Court should appoint counsel based on Petitioner’s limited

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library access, lack of knowledge of the law, and the complexity of the case. Because nearly all

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prisoners share these characteristics, Petitioner, who has competently submitted a petition, alleges

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

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//
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Based on the foregoing, Petitioner's motion for appointment of counsel is hereby DENIED.

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IT IS SO ORDERED.
Dated:

September 5, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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