Peck v. Foulk

Filing 30

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/2/14 denying 29 Motion to Appoint Counsel. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES ROBERT PECK, JR.,

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No. 2:13-cv-1265-TLN-EFB P

Petitioner,
v.

ORDER

F. FOULK,
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. On December 24, 2013, he filed his traverse along with a request that the court

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appoint counsel. As petitioner has been previously informed, 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). The court may appoint counsel at any stage of the proceedings “if the interests of

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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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Accordingly, it hereby is ORDERED that petitioner’s request for appointment of counsel

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(ECF No. 29) is denied without prejudice.

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Dated: January 2, 2014.

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