Payne v. Arnold

Filing 33

ORDER signed by Magistrate Judge Edmund F. Brennan on 06/05/17 denying 31 Motion to Appoint Counsel. (cc: USCA, 9th circuit) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN DAVID PAYNE,

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No. 2:14-cv-2394-JAM-EFB P

Petitioner,

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v.

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ERIC ARNOLD,

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ORDER

Respondent.

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On March 27, 2017, the court denied petitioner’s application for a writ of habeas corpus.

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ECF No. 26. The Clerk of the Court closed the case and judgment was entered accordingly. ECF

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No. 27. On April 17, 2017, petitioner filed a notice of appeal, which was processed to the U.S.

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Court of Appeals for the Ninth Circuit. ECF No. 28. On May 1, 2017, petitioner requested

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appointment of counsel by this court. ECF No. 31.

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There currently exists no absolute right to appointment of counsel in habeas proceedings.

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See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The court may appoint counsel at any

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stage of the proceedings “if the interests of justice so require.” See 18 U.S.C. § 3006A; see also,

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Rule 8(c), Rules Governing § 2254 Cases. The petitioner has not provided information upon

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which the court can find that the interests of justice would be served by the appointment of

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counsel at this stage of the proceedings.

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/////

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Accordingly, it is hereby ordered that petitioner’s request for the appointment of counsel

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(ECF No. 31) is denied without prejudice.

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Dated: June 5, 2017.

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