Doss v. Carey et al

Filing 4

ORDER signed by Judge John F. Moulds on 4/7/2006 ORDERING that petitioner's 4/4/2006 request for appointment of counsel is DENIED w/out prejudice to a renewal of the motion at a later stageof the proceedings.(Matson, R)

Download PDF
(HC) Doss v. Carey et al Doc. 4 Case 2:06-cv-00723-ALA Document 4 Filed 04/10/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. TOM CAREY, Warden, et al., Respondents. / Petitioner has requested the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time. ///// ///// ///// ///// ///// ORDER STEVEN DOSS, Petitioner, No. CIV S-06-0723 MCE PAN P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 Dockets.Justia.com Case 2:06-cv-00723-ALA Document 4 Filed 04/10/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that petitioner's April 4, 2006 request for appointment of counsel is denied without prejudice to a renewal of the motion at a later stage of the proceedings. DATED: April 7, 2006. /mp;001; doss0723.110 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?