Fox v. Sherman

Filing 24

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/24/2017 DENYING without prejudice petitioner's 23 request for appointment of counsel. Petitioner shall file his objections to the findings and recommendations, if any, not later than 5/12/2017. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ALLAHRAE FOX,

No. 2:15-cv-2561 JAM GGH P

Petitioner,

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v.

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ORDER

STU SHERMAN,
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. 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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Petitioner shall file his objections to the findings and recommendations (ECF No. 22), if

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any, not later than May 12, 2017.

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Dated: April 24, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE