Wheeler v. Price

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/15 denying 11 Motion to Appoint Counsel; denying 12 Motion for evidentiary hearing. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REGINALD WHEELER,

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No. 2:14-cv-0521 MCE KJN P

Petitioner,

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v.

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JEROME PRICE,

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ORDER

Respondents.

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Petitioner is a state prisoner, proceeding without counsel. On January 23, 2015, petitioner

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filed two motions. First, petitioner requested the appointment of counsel. There currently exists

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no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105

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

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counsel at any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R.

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Governing § 2254 Cases. In the present case, the court does not find that the interests of justice

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would be served by the appointment of counsel at the present time.

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Second, petitioner filed a motion for evidentiary hearing. However, at the present time,

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respondent’s motion to dismiss is presently pending, and no answer has yet been filed. At this

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stage of the proceedings, it is unclear whether an evidentiary hearing is warranted. Therefore,

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petitioner’s motion is denied as premature.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for appointment of counsel (ECF No. 11) is denied without

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prejudice; and
2. Petitioner’s motion for evidentiary hearing is denied without prejudice.
Dated: February 3, 2015

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/ whee0521.110

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