Thomas v. Swarthout

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/2/13 ORDERING that 10 Motion to Appoint Counsel is DENIED without prejudice; Petitioners request for production of competency proceeding transcripts 11 is denied.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LLOYD M. THOMAS,

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No. 2:13-cv-1645 CKD P

Petitioner,
v.

ORDER

GARY SWARTHOUT,
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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Petitioner has also requested that the court order the Superior Court of San Joaquin

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County to provide petitioner with certain transcripts from his trial. If petitioner seeks copies of

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transcripts, he should request them directly from the Superior Court of San Joaquin County.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for appointment of counsel (ECF No. 10) is denied without

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prejudice to a renewal of the motion at a later stage of the proceedings.
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2. Petitioner’s “request for production of competency proceeding transcripts” (ECF No.

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11) is denied.

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Dated: October 2, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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thom1645.110

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