Belton v. McDonald

Filing 28

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/11/12 ORDERING the Petitioner's request for appointment of counsel 27 is denied without prejudice to a renewal of the motion at a later stage of the proceedings; the Clerk of Court is directed to substitute Connie Gipson as respondent in the docket of this action. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VERNON LEE BELTON, JR.,

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Petitioner,
vs.
MICHAEL McDONALD,
Respondent.

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No. 2:11-cv-3365 CKD P

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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Petitioner also requests that Connie Gipson, Warden of California State Prison -

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Corcoran, be substituted as the respondent in the docket of this case. As petitioner is currently

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incarcerated at CSP-Corcoran, the court will grant this request. See Stanley v. California

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Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994) (“A petitioner for habeas corpus relief must

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name the state officer having custody of him or her as the respondent to the petition.”); Rule 2(a),

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28 U.S.C. foll. § 2254).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for appointment of counsel (Docket No. 27) is denied

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without prejudice to a renewal of the motion at a later stage of the proceedings;

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2. The Clerk of Court is directed to substitute Connie Gipson as respondent in the
docket of this action.
Dated: July 11, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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/kly

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belt3365.110(3)