Sardella-Lagomarsino v. Swarthout

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 5/3/2011 DENYING ptnr's 22 request for appointment of counsel; ptnr is ADVISED that the court will disregard, and issue no response to, any future filings in this closed case. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARC SARDELLA-LAGOMARSINO,

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Petitioner,

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No. 2:09-cv-3498 GEB KJN P

vs.
GARY SWARTHOUT, Warden,
Respondent.

ORDER
/

On April 29, 2011, plaintiff filed a motion for appointment of counsel. This

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action was closed by this court on March 31, 2011, when petitioner’s application for a writ of

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habeas corpus, pursuant to 28 U.S.C. § 2254, was denied, and judgment was entered accordingly.

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Petitioner is now pursuing an appeal before the Ninth Circuit United States Court of Appeals, but

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has directed the instant motion to this court.

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There currently exists no absolute right to appointment of counsel in habeas

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proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). While 18 U.S.C.

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§ 3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice

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so require,” see Rule 8(c), Fed. R. Governing § 2254 Cases, the court does not find that the

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interests of justice would be served by the appointment of counsel in this case at this time. Not

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only has this court rendered a final decision adverse to petitioner, but the court declined to issue
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the certificate of appealability referenced in 28 U.S.C. § 2253.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s April 29, 2011 request

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for appointment of counsel is denied. Petitioner is advised that the court will disregard, and issue

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no response to, any future filings in this closed case.

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SO ORDERED.
DATED: May 3, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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sard3498.clsd.

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