Clemens v. Sisto

Filing 28

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/3/2010 ORDERING that petitioner's 26 motion for appointment of counsel is DENIED w/out prejudice; and petitioner's 27 motion to proceed IFP is DENIED. (Yin, K)

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, 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. //// //// //// ////
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA STEVEN ANTHONY CLEMENS, Petitioner, No. CIV S-08-2588 EFB P

ORDER

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On January 27, 2010, petitioner also filed a motion to proceed in forma pauperis, apparently in support of his motion for appointment of counsel.1 That motion is denied as unnecessary. Accordingly, it hereby is ORDERED that: 1. Petitioner's January 27, 2010 motions for appointment of counsel is denied without prejudice; and 2. Petitioner's January 27, 2010 motion to proceed in forma pauperis is denied. DATED: February 3, 2010.

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Petitioner paid the filing fee in this action on July 15, 2008.
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