Chandler v. Lewis

Filing 21

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/14/11 DENYING 19 Motion to Appoint Counsel. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY A. CHANDLER,

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Petitioner,

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No. CIV S-11-0567 JAM GGH P

vs.
GREG LEWIS,

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Respondent.

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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. There is little prospect of an

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evidentiary hearing in that the issues here are legal, not factual in nature. The legal issues are

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fairly articulated by both sides.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s July 8, 2011 request for

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appointment of counsel (Docket No. 19) is denied.

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DATED: July 14, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:md

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chan0567.110(2)