Wheelwright v. The California Department of Corrections
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/20/2013 DENYING, without prejudice, petitioner's 17 request for appointment of counsel. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DION DARYL WHEELWRIGHT,
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No. 2:13-cv-0787 GGH P
Petitioner,
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v.
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C. WOFFORD,
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ORDER
Respondent.
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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 does not find that the interests of justice would be served by the
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appointment of counsel at the present time.
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Accordingly, IT IS HEREBY ORDERED that petitioner’s November 7, 2013 request for
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appointment of counsel (ECF No. 17) is denied without prejudice to a renewal of the motion at a
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later stage of the proceedings.
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Dated: November 20, 2013
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/s/ Gregory G. Hollows
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UNITED STATES MAGISTRATE JUDGE
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/md; whee0787.110
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