Thompson v. Dickinson

Filing 33

ORDER denying 32 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 12/20/12. (Plummer, M)

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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 ARTHUR THOMPSON,

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Petitioner,

No. 2:11-cv-1318 GEB AC P

vs.
KATHLEEN DICKINSON,

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Respondent.

ORDER
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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.
Accordingly, IT IS HEREBY ORDERED that petitioner’s December 12, 2012

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motion for appointment of counsel (Docket No. 32) is denied without prejudice to a renewal of

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the motion at a later stage of the proceedings.

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DATED: December 20, 2012.

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`
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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mp;mb;thom1318.110