Taylor v. Sisto et al

Filing 4

ORDER signed by Judge Edmund F. Brennan on 12/29/06 DENYING ptnr's 12/21/06 2 Motion to Appoint Counsel. (Brown, T)

Case 2:06-cv-02878-GEB-EFB

Document 4

Filed 12/29/2006

Page 1 of 1

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. D. K. SISTO, Warden, et al., Respondents. / Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He has requested that the court appoint 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). The court may appointment counsel at any stage of the proceedings "if the interests of justice so require." See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing Section 2254 Cases. The court does not find that the interests of justice would be served by the appointment of counsel at this stage of the proceedings. Accordingly, it hereby is ORDERED that petitioner's December 21, 2006, request for appointment of counsel is denied without prejudice. Dated: December 29, 2006. ORDER FRANK TAYLOR, Petitioner, No. CIV S-06-2878 GEB EFB P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA