Johnson v. Swarthout
Filing
38
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/16/2012 DENYING, without prejudice, petitioner's 26 motion for appointment of counsel. (Yin, K)
1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE EASTERN DISTRICT OF CALIFORNIA
9
PAUL SAMUEL JOHNSON,
10
11
12
Petitioner,
No. CIV-S-11-2719 CKD P
vs.
GARY SWARTHOUT,
13
Respondent.
14
ORDER
/
15
Petitioner has requested the appointment of counsel. There currently exists no
16
absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d
17
453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at
18
any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing
19
§ 2254 Cases. In the present case, the court does not find that the interests of justice would be
20
served by the appointment of counsel at the present time.
21
Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment
22
of counsel (Docket No. 26) is denied without prejudice to a renewal of the motion at a later stage
23
of the proceedings.
24
Dated: April 16, 2012
25
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
26
3/ john2719.110(2)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?