Roxas v. Lizarraga

Filing 9

ORDER signed by Magistrate Judge Craig M. Kellison on 2/19/2016 DENYING without prejudice petitioner's 8 motion for appointment of counsel. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ERNIE ROXAS,

12

No. 2:15-CV-2201-CMK-P

Petitioner,

13

vs.

14

J. LIZARRAGA,

15

Respondent.

16

/

17
18

ORDER

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.

19

Petitioner seeks the appointment of counsel. There currently exists no absolute

20

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

21

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

22

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

23

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

24

the appointment of counsel at the present time.

25

///

26

///
1

1

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

2

of counsel (Doc. 8) is denied without prejudice to renewal, at the earliest, after a response to the

3

petition has been filed.

4
5
6
7

DATED: February 19, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2