Thompson v. Dickinson

Filing 7

ORDER signed by Magistrate Judge Craig M. Kellison on 10/11/2011 ORDERING that ptnr's 5 motion to proceed IFP is DENIED as unnecessary; and ptnr's 6 motion for appointment of counsel is DENIED w/out prejudice. (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 ARTHUR THOMPSON,

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No. CIV S-11-1318-CMK-P

Petitioner,
vs.

ORDER

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KATHLEEN DICKINSON,

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Respondents.

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/
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s motion to

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proceed in forma pauperis (Doc. 5). However, the court has also received the full filing fee from

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petitioner, rendering his motion unnecessary.

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Petitioner also seeks the appointment of counsel (Doc. 6). There currently exists

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no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105

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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:

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unnecessary; and

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2.

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Petitioner’s motion to proceed in forma pauperis (Doc. 5) is denied as

Petitioner’s motion for appointment of counsel (Doc. 6) is denied without

prejudice to renewal, at the earliest, after a response to the petition has been filed.

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DATED: October 11, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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