Delarm v. McDonald

Filing 23

ORDER signed by Magistrate Judge Carolyn K Delaney on 8/7/11 DENYING without prejudice 10 and 11 Motions 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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MICHAEL R. DELARM,

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Petitioner,

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No. CIV-S-11-0750 CKD P

vs.
M.D. MCDONALD,

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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.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s April 20, 2011 and

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April 22, 2011 requests for appointment of counsel are denied without prejudice to a renewal of

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the motion at a later stage of the proceedings.

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Dated: August 7, 2011
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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dela0750.111