Correa v. Unknown

Filing 26

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/13/2015 DENYING without prejudice petitioner's 25 request for appointment of counsel. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

VICTOR CORREA,

12

Petitioner,

13
14
15

No. 2:14-cv-2160 JAM CKD P

v.

ORDER

WARDEN, CALIFORNIA STATE
PRISON, CORCORAN,
Respondent.

16
17

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

18
19

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

20

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

21

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

22

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

23

appointment of counsel at the present time.

24

/////

25

/////

26

/////

27

/////

28

/////

1

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

2

counsel (ECF No. 25) is denied without prejudice to a renewal of the motion at a later stage of the

3

proceedings.

4

Dated: April 13, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10

1
corr2160.110

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2