West v. Dickinson

Filing 119

ORDER signed by Magistrate Judge Allison Claire on 10/3/2013 DENYING, without prejudice, petitioner's 115 request for appointment of counsel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MACK A. WEST, Jr.,

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Petitioner,

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No. 2:09-cv-3147 KJM AC P

v.

ORDER

RANDY GROUNDS,

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Respondent.

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Petitioner has requested the appointment of counsel. There currently exists no absolute

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right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460

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(9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage

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of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.

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In the present case, the court does not find that the interests of justice would be served by the

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appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s September 25, 2013 request for

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appointment of counsel (ECF No. 115) is denied without prejudice to a renewal of the motion at a

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later stage of the proceedings.

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DATED: October 3, 2013

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AC:ts/md; west3147.110

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