Patrick v. Fillon

Filing 43

ORDER signed by Magistrate Judge Kendall J. Newman on 1/30/2013 ORDERING that petitioner's 42 request for appointment of counsel is DENIED without prejudice. (Zignago, 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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NICHOLAS PATRICK,

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Petitioner,

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No. 2:11-cv-1195 JAM KJN P

vs.
ALFONSO FILLON,

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Respondent.

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ORDER
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Petitioner’s petition for a writ of habeas corpus is currently submitted for decision

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by this court -- the matter was submitted on October 15, 2012, when petitioner filed a traverse in

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reply to respondent’s answer to the petition. Petitioner now requests the appointment of counsel,

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stating only that appointment is warranted “due to the complexity of this case.” (Dkt. No. 42 at

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1.)

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There is no absolute right to appointment of counsel in habeas proceedings. See

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Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). While 18 U.S.C. § 3006A authorizes the

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appointment of counsel at any stage of a habeas action “if the interests of justice so require,”

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Rule 8(c), Fed. R. Governing § 2254 Cases, the court finds that the interests of justice would not

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be served by the appointment of counsel at the present time. Nevertheless, the court will again

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consider petitioner’s request, sub silentio unless otherwise noted, upon the substantive review of
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the petition and related briefing.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s January 24, 2013

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request for appointment of counsel (Docket No. 42), is denied without prejudice.

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DATED: January 30, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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patr1195.110

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