Benson v. Sisto et al

Filing 14

ORDER denying 13 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 01/06/10. (Plummer, M)

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, Respondent. / 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 matter is currently submitted for decision and there is nothing further required of petitioner at this time. Accordingly, 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 30, 2009 motion for appointment of counsel is denied without prejudice. DATED: January 6, 2010. ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRANK KENNETH BENSON, Petitioner, No. CIV S-07-2244 MCE EFB P