Williams v. Dickinson

Filing 19

ORDER signed by Magistrate Judge Dale A. Drozd on 04/29/10. DENYING without prejudice 13 Motion to Appoint Counsel. (Williams, D)

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DAD:mp will0310.110

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA HENRY C. WILLIAMS, III, Petitioner, vs. K. DICKINSON, Warden, Respondent. / Petitioner has requested the appointment of 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). 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. Accordingly, IT IS HEREBY ORDERED that petitioner's March 25, 2010 motion for appointment of counsel (Doc. No. 13) is denied without prejudice to a renewal of the motion at a later stage of the proceedings. DATED: April 29, 2010. ORDER No. CIV S-10-0310 LKK DAD P