Crockett v. Barnes

Filing 42

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/3/12 DENYING 41 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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LEON WILSON CROCKETT,

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Petitioner,

Respondent.

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No. CIV S-10-2296 JAM GGH P

ORDER

vs.
R. BARNES,

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/

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Petitioner has 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. Petitioner just filed a traverse and this habeas petition is now fully briefed. Upon

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reviewing the petition, if the court believes counsel is warranted, then an appointment shall be

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made. At the present time, the court does not find that the interests of justice would be served by

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the appointment of counsel.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s December 23, 2011

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request for appointment of counsel (Docket No. 41) is denied.

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DATED: January 3, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB

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croc2296.110