Lewis v. CA Dept Corrections, et al

Filing 16

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/21/2012 ORDERING that petitioner's 3/12/2012, 14 request for appointment of counsel is DENIED without prejudice. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ANTHONY LEWIS,
Petitioner,

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No. CIV S-04-1136 JAM EFB P

vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

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Respondents.
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ORDER
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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28

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U.S.C. § 2254. He has requested that the court appoint counsel. There currently exists no

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absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d

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453, 460 (9th Cir. 1996). The court may appoint counsel at any stage of the proceedings “if the

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interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing

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Section 2254 Cases. The court does not find that the interests of justice would be served by the

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appointment of counsel at this stage of the proceedings.

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Accordingly, it hereby is ORDERED that petitioner’s March 12, 2012, request for

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appointment of counsel is denied without prejudice.

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DATED: March 21, 2012.

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