Fuentes v. Lewis et al

Filing 10

ORDER signed by Magistrate Judge John F. Moulds on 11/30/10 denying without prejudice 3 Motion to Appoint Counsel. (Dillon, M)

(HC) Fuentes v. Lewis et al

Doc. 10

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/md014;fuen2873.110

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ROBERT FUENTES, Petitioner, vs. GREG LEWIS, et al., Respondents. / 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 October 25, 2010 request for appointment of counsel is denied without prejudice to a renewal of the motion at a later stage of the proceedings. DATED: November 30, 2010. ORDER No. 2:10-cv-2873 JFM (HC)

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