Bazley v. Price

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 2/18/2016 DENYING without prejudice petitioner's 8 request for appointment of counsel. (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 BAZLEY,

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Petitioner,

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No. 2:15-cv-02673 AC P

v.

ORDER

JEROME PRICE, Warden,

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Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order filed January 4, 2016, respondent

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was directed to file a response to the petition. See ECF No. 4. Petitioner now requests

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appointment of counsel on the grounds that he is indigent and the assistance of counsel would

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protect his interests. See ECF No. 8.

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Although there is no absolute right to appointed counsel in habeas proceedings, see

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Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996), counsel may be appointed at any stage of a

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habeas proceeding “if the interests of justice so require,” see 18 U.S.C. § 3006A; Rule 8(c), Fed.

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R. Governing § 2254. At this early stage of the instant proceeding, the court finds that

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appointment of counsel is not required to ensure that the interests of justice are met.

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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: February 18, 2016

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