Hill v. Gibson

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/13/2012 DENYING, without prejudice, petitioner's 3 motion for appointment of counsel. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARL E. HILL, Petitioner, 11 12 13 14 vs. CONNIE GIBSON, Respondent. ORDER / 15 16 No. CIV S-12-0595 EFB P Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 17 U.S.C. § 2254. He has requested that the court appoint counsel. There currently exists no 18 absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 19 453, 460 (9th Cir. 1996). The court may appoint counsel at any stage of the proceedings “if the 20 interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing 21 Section 2254 Cases. The court does not find that the interests of justice would be served by the 22 appointment of counsel at this stage of the proceedings. 23 Accordingly, it hereby is ORDERED that petitioner’s March 8, 2012 motion for 24 appointment of counsel is denied without prejudice. 25 DATED: March 13, 2012. 26

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