Hyde v. Salinas

Filing 19

ORDER signed by Magistrate Judge John F. Moulds on 8/20/12 DENYING 13 Motion to Appoint Counsel. (cc Ninth Circuit). (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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PAUL E. HYDE,

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Petitioner,

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No. 2:12-cv-0298 JAM JFM (HC)

vs.
S. M. SALINAS, Warden,

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Respondent.

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ORDER
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Petitioner is a state prisoner proceeding pro se with an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. This action was summarily dismissed on June 29,

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2012, and judgment was entered on the same day. Petitioner has appealed from the judgment

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entered in this action and his appeal is pending in the United States Court of Appeals for the

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Ninth Circuit.

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On July 9, 2012, petitioner filed a motion for appointment of counsel. There

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currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius

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v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the

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appointment of counsel at any stage of the case “if the interests of justice so require.” See Rule

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8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the

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interests of justice would be served by the appointment of counsel by this court.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s July 9, 2012 motion for appointment of counsel is denied; and

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2. The Clerk of the Court is directed to serve a copy of this order on the United

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States Court of Appeals for the Ninth Circuit.

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DATED: August 20, 2012.

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hyde0298.110

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