Pena v. Cate

Filing 37

ORDER signed by Senior Judge James K. Singleton on 1/9/2013 ORDERING that the 36 Motion to Appoint Counsel is DENIED. (Zignago, K.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MELVIN RICHARD PENA,
No. 2:11-cv-01003-JKS
Petitioner,
vs.

ORDER
[Re: Motion at Docket No. 36]

MATTHEW CATE, Secretary, California
Department of Corrections and
Rehabilitation,
Respondent.

At Docket No. 36, Melvin Richard Pena, a state prisoner appearing pro se, filed a second
Motion to Appoint Counsel. This Court has previously considered and rejected Pena’s request to
appoint counsel.1 As noted in the prior Order, there is no constitutional right to counsel in
federal habeas proceedings, and Pena has not provided any reason for this Court to reconsider
and reverse its prior determination not to appoint counsel in this case.
IT IS THEREFORE ORDERED THAT the Motion for Appointment of Counsel at
Docket No. 36 is DENIED.
Dated: January 9, 2013.
/s/ James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
United States District Judge

1

Docket No. 30.