Rhinehart v. Lackner
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/6/2015 DENYING petitioner's 8 request for appointment of counsel, without prejudice. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LAMONT LEE RHINEHART,
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Petitioner,
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No. 2:15-cv-0122 JAM CKD P
v.
ORDER
HEIDI M. LACKNER,
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Respondent.
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Petitioner has requested the appointment of counsel. There currently exists no absolute
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right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460
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(9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage
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of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.
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In the present case, the court does not find that the interests of justice would be served by the
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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. 8) is denied without prejudice.
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Dated: March 6, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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rhin0122.110
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