Yeh v. John Doe Warden

Filing 18

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/7/13 ORDERING that Petitioners request for appointment of counsel 16 is DENIED withoutprejudice; and the September 16, 2013 findings and recommendations 15 are VACATED.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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YOW MING YEH,

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Petitioner,

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No. 2:13-cv-262-TLN-EFB P

v.

ORDER

JOHN DOE WARDEN,

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Respondent.

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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 and the request will be denied without

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prejudice.
Additionally, in light of petitioner’s statement of opposition to respondent’s motion to

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dismiss (see ECF No. 16), the September 16, 2013 findings and recommendations recommending

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this action be dismissed for failure to prosecute (ECF No. 15), will be vacated.

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Accordingly, it hereby is ORDERED that:

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1. Petitioner’s request for appointment of counsel (ECF No. 16) is denied without

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prejudice; and
2. The September 16, 2013 findings and recommendations (ECF No. 15) are vacated.
Dated: October 7, 2013.

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