Terrell v. Director of CDCR

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 7/16/2015 DENYING without prejudice petitioner's 23 request for appointment of counsel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD TERRELL,

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Petitioner,

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No. 2:14-cv-2713 MCE AC P

v.

ORDER

CDCR,

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Respondent.

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Petitioner has requested the appointment of counsel on appeal. ECF No. 23. As an initial

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matter, petitioner’s request for an attorney on appeal is premature and outside the scope of this

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court’s authority. To the extent plaintiff is seeking appointment of counsel in the instant action,

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

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Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes

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the appointment of counsel at any stage of the case “if the interests of justice so require.” See

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Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the

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interests of justice would be served by the appointment of counsel at the present time.

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

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counsel (ECF No. 23) is denied without prejudice to a renewal of the motion at a later stage of the

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proceedings.

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DATED: July 16, 2015

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