Harris v. Gipson

Filing 47

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/23/2015 DENYING petitioner's 46 motion 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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MICHAEL JAY HARRIS,

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Petitioner,

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No. 2:13-cv-2604 TLN CKD P

v.

ORDER

CONNIE GIPSON,

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Respondent.

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Petitioner has renewed his request for the appointment of counsel. (ECF No. 46.) There

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currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v.

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Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the

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appointment of counsel at any stage of the case “if the interests of justice so require.” See Rule

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8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the

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interests of justice would be served by the appointment of counsel. Moreover, as the petition is

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fully briefed, the court will disregard any further requests for appointment of counsel. (See ECF

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Nos. 12, 31 & 41, denying previous requests to appoint counsel.)

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

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counsel (ECF No. 46) is denied.

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Dated: April 23, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/mp; harr2604.110

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