Reed v. Sherman

Filing 28

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/12/14 ORDERING that petitioners motion for appointment of counsel 27 is denied without prejudice to a renewal of the motion at a later stage of the proceedings. (Dillon, M)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

FOR THE EASTERN DISTRICT OF CALIFORNIA

7
8

TAMECUS REED,

9

No. 2:14-cv-0463 JAM GGH P

Petitioner,

10

v.

11

STU SHERMAN,

12

ORDER

Respondent.

13
14

Petitioner has requested the appointment of counsel. There currently exists no absolute

15

right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460

16

(9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage

17

of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.

18

In the present case, the court does not find that the interests of justice would be served by the

19

appointment of counsel at the present time.

20

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

21

counsel (ECF No. 27) is denied without prejudice to a renewal of the motion at a later stage of the

22

proceedings.

23

Dated: December 12, 2014

24

/s/ Gregory G. Hollows

25

UNITED STATES MAGISTRATE JUDGE

26
27
28

/mp; reed0463.110(2)