Jones v. Knipp

Filing 36

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/27/2013 DENYING, without prejudice, petitioner's 31 , 33 , 34 requests for appointment of counsel. (Yin, K)

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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. 2:11-cv-1006 JAM GGH P

Respondent.

ORDER

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vs.
KNIPP,

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/

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Petitioner has filed three requests for appointment of counsel. There currently

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

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105 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 petitioner’s February 19 and 25,

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2013 requests for appointment of counsel (Docket Nos. 31, 33 and 34) are denied without

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prejudice to a renewal of the motion at a later stage of the proceedings.

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DATED: February 27, 2013

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076:md

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jone1006.110