Abella v. Biter

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 4/27/15 ORDERING that petitioners motions for appointment of counsel (ECF Nos. 9 & 11 ) are denied without prejudice. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK ABELLA,

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No. 2:15-cv-0424 JAM KJN P

Petitioner,
v.

ORDER

M.D. BITER,

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Respondent.

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Petitioner has filed two requests for the appointment of counsel. There currently exists no

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

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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at

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

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2254 Cases. In the present case, the court does not find that the interests of justice would be

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served by the appointment of counsel at the present time.

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

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counsel (ECF Nos. 9 & 11) are denied without prejudice.

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Dated: April 27, 2015

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abel0424.110(2)

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