Jones v. Knipp

Filing 46

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/1/2013 DENYING petitioner's 43 motion for appointment of counsel, without prejudice. (Yin, K) Modified on 10/1/2013 (Yin, K).

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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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No. 2:11-cv-1006 JAM GGH P

Petitioner,
v.

ORDER

KNIPP,

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Respondent.

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Petitioner has requested the appointment of counsel. There currently exists no absolute

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right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460

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(9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage

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of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.

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In the present case, the court does not find that the interests of justice would be served by the

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appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s July 17, 2013 motion for

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appointment of counsel (Docket No. 43) is denied without prejudice to a renewal of the motion at

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a later stage of the proceedings.

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Dated: October 1, 2013

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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/mp; jone1006.110