Kincade v. Allison

Filing 8

ORDER signed by Magistrate Judge Craig M. Kellison on 5/4/11 GRANTING 7 Motion to Proceed IFP; DENYING without prejudice 2 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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MICHAEL EUGENE KINCADE,

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No. CIV S-11-0788-CMK-P

Petitioner,
vs.

ORDER

KATHLEEN ALLISON,
Respondent.
/
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s request for

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leave to proceed in forma pauperis (Doc. 7). Petitioner’s petition will be addressed separately.

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Petitioner has submitted the affidavit required by 28 U.S.C. § 1915(a) showing

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that petitioner is unable to prepay fees and costs or give security therefor.

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Petitioner also seeks the appointment of counsel (Doc. 2). There currently exists

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no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105

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F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of

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counsel at any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R.

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Governing § 2254 Cases. In the present case, the court does not find that the interests of justice
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would be served by the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that:

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Petitioner’s motion for leave to proceed in forma pauperis (Doc. 7) is

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Petitioner’s motion for appointment of counsel (Doc. 2) is denied without

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granted; and

prejudice to renewal, at the earliest, after an answer to the petition has been filed.

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DATED: May 4, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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