Williams v. Salinas

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 5/20/10 DENYING 19 Motion to Appoint Counsel without prejudice. (Dillon, 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. S.M. SALINAS, Respondent. / Petitioner has filed a second request for the appointment of counsel. Petitioner was informed, by order filed February 17, 2010, that 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 the present time. //// //// //// //// ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA KELVIN LANCE WILLIAMS, Petitioner, No. 2:09-cv-1612 FCD KJN P

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will1612.110

Accordingly, IT IS HEREBY ORDERED that petitioner's April 30, 2010 request for appointment of counsel is denied without prejudice. DATED: May 20, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE