Warren v. Uribe

Filing 49

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/4/12 denying without prejudice 46 Motion to Appoint Counsel. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNY LYNN WARREN,
Petitioner,

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vs.
DOMINGO URIBE, JR.,
Respondent.

ORDER
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No. 2:10-cv-2120 MCE EFB P

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. He has once again requested that the court appoint counsel. As petitioner has

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been previously informed, see Dckt. No. 11, there currently exists no absolute right to

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appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th

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Cir. 1996). The court may appoint counsel at any stage of the proceedings “if the interests of

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justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing § 2254 Cases.

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The court does not find that the interests of justice would be served by the appointment of

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counsel at this stage of the proceedings.

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Accordingly, it hereby is ORDERED that petitioner’s request for appointment of counsel,

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Dckt. No. 46, is denied without prejudice.

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Dated: October 4, 2012.

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