Raya v. Grounds

Filing 21

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/25/11 DENYING 18 Motion to Appoint Counsel. (Dillon, M)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ADAN M. RAYA, Petitioner, 10 11 12 13 vs. RONALD GROUNDS, Respondent. ORDER / 14 15 No. CIV S-11-2340 LKK EFB P Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 16 U.S.C. § 2254. He has requested that the court appoint counsel. There currently exists no 17 absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 18 453, 460 (9th Cir. 1996). The court may appoint counsel at any stage of the proceedings “if the 19 interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing 20 Section 2254 Cases. The court does not find that the interests of justice would be served by the 21 appointment of counsel at this stage of the proceedings. 22 Accordingly, it hereby is ORDERED that petitioner’s October 11, 2011 request for 23 appointment of counsel is denied without prejudice. 24 DATED: October 25, 2011. 25 26

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