Stamos v. Warden - SVSP

Filing 53

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/11/13 DENYING without prejudice 52 Motion to Appoint Counsel. (Dillon, 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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JAMES GEORGE STAMOS, JR.,

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Petitioner,

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vs.

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No. 2:11-cv-2722 KJM CKD P

WARDEN-SVSP,

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Respondent.

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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.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s request for
appointment of counsel (Docket No. 52) is denied without prejudice.
Dated: February 11, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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8/kly
stam2722.110(3)