Day v. Ives

Filing 12

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/5/2011 DENYING 11 petitioner's motion for appointment of counsel, without prejudice to a renewal of the motion at a later stage of the proceedings. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN DAY,

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Petitioner,
vs.
RICHARD B. IVES,
Respondent.

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No. CIV S-11-0056 GGH P

ORDER
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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. 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 at the present time. The issues are well articulated such

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that appointment of counsel will not be necessary for a fair adjudication.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s June 27, 2011 motion

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for appointment of counsel (Docket No. 11) is denied without prejudice to a renewal of the

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motion at a later stage of the proceedings.

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DATED: July 5, 2011

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/s/ Gregory G. Hollows
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

GGH:mp; day0056.110