Strawther v. Grounds

Filing 25

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/20/14 DENYING 24 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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JUILAKI STRAWTHER,

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No. 2:13-cv-1357-MCE-EFB P

Petitioner,
v.

ORDER

RANDOLF GROUNDS,
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 once again requests that the court appoint counsel and requests an

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“evidentiary hearing” regarding this request. As petitioner was previously informed, see ECF No.

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21, 23, there currently exists no absolute right to appointment of counsel in habeas proceedings.

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See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The court may appoint counsel at any

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stage of the proceedings “if the interests of justice so require.” See 18 U.S.C. § 3006A; see also,

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Rule 8(c), Rules Governing § 2254 Cases. The court has once again reviewed petitioner’s

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arguments, and still does not find that the interests of justice require the appointment of counsel.

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

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counsel (ECF No. 24) is denied without prejudice.

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Dated: March 20, 2014.

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