Kelsaw v. Horel

Filing 54

ORDER signed by Magistrate Judge Charlene H. Sorrentino on 11/18/10 ORDERING that the Petitioner's motion for appointment of counsel 49 is hereby DENIED. (Becknal, R)

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. BOB HOREL, Respondent. / Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus. By motion filed on November 1, 2010, petitioner again requests the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas corpus proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). Rather, the appointment of counsel at any stage of the case is warranted "if the interests of justice so require." 18 U.S.C. §3006A(a)(2)(b); see also Rule 8(c), Fed. R. Governing §2254 Cases. In this case, findings and recommendations have been entered which are awaiting review by the District Judge. It does not appear that the interests of justice would be served by the appointment of counsel at this time. Petitioner's November 1, 2010 motion for appointment of counsel is hereby DENIED. IT IS SO ORDERED. Dated: November 18, 2010 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RUFUS HARTY KELSAW, IV, Petitioner, No. CIV S-08-1612 MCE CHS P

CHARLENE H. SORRENTINO UNITED STATES MAGISTRATE JUDGE 1