Howell v. Hill

Filing 21

ORDER signed by Magistrate Judge Craig M. Kellison on 5/1/2013 DENYING petitioner's 20 motion for appointment of counsel. (Yin, K)

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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. 2:12-CV-1901-KJM-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 (Doc. 20). 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. For the reasons outlined in the court’s March 13, 2013, findings and

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recommendations, the court does not find that the interests of justice would be served by the

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appointment of counsel. Further requests for the appointment of counsel will not be considered.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment
of counsel (Doc. 20) is denied.

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DATED: May1, 2013
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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