Speight v. Davey

Filing 44

ORDER signed by Magistrate Judge Deborah Barnes on 2/27/2019 DENYING without prejudice 43 Motion to Appoint Counsel. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KRISTOPHER DESHAWN SPEIGHT,

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No. 2:15-cv-0209 TLN DB P

Petitioner,

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v.

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DAVE DAVEY,

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ORDER

Respondent.

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Petitioner has requested the appointment of counsel on the grounds that he is incarcerated

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

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

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3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice so

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

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find that the interests of justice would be served by the appointment of counsel at the present

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time.

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

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counsel (ECF No. 43) 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: February 27, 2019

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/DLB7;
DB/Inbox/Routine/spei0209.110

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