Jones v. Knipp

Filing 16

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/5/11 ORDERING that Petitioner's 6/30/11 Request for Appointment of Counsel 15 is DENIED without prejudice to a renewal of the Motion at a later stage of the proceedings. Petitioner must file an opposition to the Motion to Dismiss or the undersigned will recommend that the Petition be Dismissed. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHILLIP BLAIR JONES,

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Petitioner,

No. CIV S-11-1006 JAM GGH P

Respondent.

ORDER

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vs.
KNIPP,

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/

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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. Petitioner may renew his request if this

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petition survives the motion to dismiss.

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On June 24, 2011, respondent filed a motion to dismiss. Petitioner must file an

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opposition to the motion to dismiss or the undersigned will recommend that the petition be

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dismissed.

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////

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s June 30, 2011 request for appointment of counsel (Docket No. 15)

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is denied without prejudice to a renewal of the motion at a later stage of the proceedings;

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2. Petitioner must file an opposition to the motion to dismiss or the undersigned

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will recommend that the petition be dismissed.

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DATED: July 5, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:md

jone1006.110(2)

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