Phipps v. Evans, et al

Filing 44

ORDER signed by Magistrate Judge Charlene H. Sorrentino on 4/1/09 ORDERING that. petitioner's 42 March 26, 2009 request for appointment of counsel is DENIED. (Duong, D)

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. MIKE EVANS, 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 this time. Accordingly, IT IS HEREBY ORDERED that petitioner's March 26, 2009 request for appointment of counsel is denied. DATED: April 1, 2009
CHARLENE H. SORRENTINO UNITED STATES MAGISTRATE JUDGE

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DONOVAN PHIPPS, Petitioner, No. CIV S-07-0087 WBS CHS P

ORDER