Smith v. Montgomery et al

Filing 16

ORDER denying 15 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 05/11/15. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RAYSHAWN DONTAY SMITH,

12
13
14

No. 2:14-cv-2468 CKD P

Petitioner,
v.

ORDER

W. L. MONTGOMERY, et al.,

15

Respondents.

16
17

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

18

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

19

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

20

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

21

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

22

appointment of counsel at the present time.

23

Accordingly, IT IS HEREBY ORDERED that petitioner’s May 4, 2015 request for

24

appointment of counsel (ECF No. 15) is denied.

25

Dated: May 11, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

26
27
28

2/md; smit2468.110