Pena v. Cate

Filing 48

ORDER signed by Senior Judge James K. Singleton on 9/13/13 ORDERING that the Motion for Appointment of Counsel 46 is DENIED without prejudice to renewing the motion before the Court of Appeals. (Becknal, R)

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. 46]

JEFFREY A. BEARD, Secretary,
California Department of Corrections and
Rehabilitation,
Respondent.

This Court dismissed Richard Melvin Pena’s Petition for Habeas Corpus Relief,1 and
Pena timely filed a notice of appeal to the Court of Appeals.2 At Docket No. 46 Pena has moved
for the appointment of counsel on appeal. The record reflects that this is the fourth request by
Pena to appoint counsel. This Court denied each of Pena’s three earlier requests.3 While this
Court is not unmindful of the plight of unrepresented state prisoners in federal habeas
proceedings, as noted in the prior Orders, 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 determinations not to appoint counsel in this case.

1

Docket Nos. 43, 44.

2

Docket No. 45.

3

Docket Nos. 30, 37, 41.

IT IS THEREFORE ORDERED THAT the Motion for Appointment of Counsel at
Docket No. 46 is DENIED without prejudice to renewing the motion before the Court of
Appeals.
Dated: September 13, 2013.
/s/ James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
United States District Judge

2