Prophet v. Clark

Filing 31

ORDER signed by Magistrate Judge Edmund F. Brennan on 07/16/09 denying without prejudice 30 Motion to Appoint Counsel. The matter is submitted for decision and in due course, the court will issue findings and recommendations. (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. KEN CLARK, 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 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 July 6, 2009 request for appointment of counsel is denied without prejudice. This matter is submitted for decision and, in due course, the court will issue findings and recommendations. DATED: July 16, 2009. ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPH DANNY PROPHET, Petitioner, No. CIV S-07-2391 FCD EFB P