Howell v. Hill

Filing 17

ORDER denying 15 Motion to Appoint Counsel signed by Magistrate Judge Craig M. Kellison on 11/05/12. (Plummer, 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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PRESTON ALONZO HOWELL,

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Petitioner,

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vs.

ORDER

RICKY HILL,

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Respondent.

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/

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No. 2:12x-CV-1901-CMK-P

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.

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Petitioner seeks the appointment of counsel. There currently exists no absolute

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right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453,

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460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any

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stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254

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Cases. In the present case, the court does not find that the interests of justice would be served by

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the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment

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of counsel (Doc.15) is denied without prejudice to renewal, at the earliest, after an answer to the

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petition has been filed.

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DATED: November 5, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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