Chestang v. Swarthout

Filing 22

ORDER signed by Magistrate Judge Craig M. Kellison on 9/17/15 denying 21 Motion to Appoint Counsel. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDDIE LEE CHESTANG,

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Petitioner,

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vs.

ORDER

SWARTHOUT,

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Respondent.

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/

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No. 2:14-CV-2139-MCE-CMK-P

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.

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Petitioner seeks the appointment of counsel (Doc. 21). There currently exists no

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

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

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

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

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served by the appointment of counsel. Further requests for the appointment of counsel will not

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be considered.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment
of counsel (Doc. 21) is denied.

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DATED: September 17, 2015
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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