Mullen v. Barnes

Filing 17

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/17/2013 DENYING, without prejudice, petitioner's 16 request 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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MATTHEW MULLEN,
Petitioner,

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No. 2:13-cv-0165 MCE EFB P

vs.
R.E. BARNES,
Respondent.

ORDER
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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. He has requested that the court appoint 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). The court may appoint counsel at any stage of the proceedings “if the

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interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing

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§ 2254 Cases. The court does not find that the interests of justice would be served by the

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appointment of counsel at this stage of the proceedings.

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The undersigned acknowledges that petitioner’s request is predicated on his motion to

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conduct discovery. However, the undersigned has not yet had the opportunity to review the

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merits of that motion. Should the undersigned find that discovery is warranted, and that counsel

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is necessary for effective discovery, the undersigned will reconsider appointment at that time.
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Accordingly, it hereby is ORDERED that petitioner’s May 28, 2013 request for

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appointment of counsel is denied without prejudice.

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Dated: June 17, 2013.

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