Garcia v. Clark

Filing 161

ORDER denying 159 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 11/26/13. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO FLAVIO GARCIA,

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Petitioner,

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v.

No. 2:10-cv-0968 GEB DAD P

ORDER

KEN CLARK, Warden,

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Respondent.

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

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

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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at

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

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2254 Cases. In the present case, the court does not find that the interests of justice would be

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served by the appointment of counsel.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s October 30, 2013 request for

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appointment of counsel (ECF No. 159) is once again denied.

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Dated: November 26, 2013

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/md; garc0968.110

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