Fisher v. Rackley

Filing 16

ORDER signed by Magistrate Judge Allison Claire on 10/17/2014 DENYING petitioner's 13 request for appointment of counsel, without prejudice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY FISHER AKA GARY DALE
BARGER,
Petitioner,

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ORDER
v.

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No. 2:14-cv-02135 AC P

R.J. RACKLEY,
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(a)(2)(B) authorizes the appointment of counsel at

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

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Governing § 2254 Cases (court must appoint counsel for evidentiary hearings). In the present

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

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counsel at the present time.
Accordingly, IT IS HEREBY ORDERED that petitioner’s October 2, 2014 request for

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appointment of counsel (ECF No. 13) is denied without prejudice to a renewal of the motion at a

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later stage of the proceedings.

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DATED: October 17, 2014

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