Thiessen v. Knipp et al

Filing 40

ORDER denying 32 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 06/6/14. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SANDOR TORRES THIESSEN,

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No. 2:13-cv-0722 LKK KJN P

Petitioner,
v.

ORDER

WILLIAM KNIPP, et al.,

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Respondents.

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Petitioner has requested 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, 460

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

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

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In the present case, the court has considered all of the appropriate factors and the pleadings in this

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case and does not find that the interests of justice would be served by the appointment of counsel.

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

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counsel (ECF No. 32) is denied without prejudice.

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Dated: June 6, 2014

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thie0722.110