Watts v. Santoro

Filing 25

ORDER denying 23 Motion to Appoint Counsel signed by Magistrate Judge Craig M. Kellison on 07/13/17. (Plummer, M)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 QUINTON JOEY WATTS, 8 9 10 11 Petitioner, vs. ORDER KELLY SANTORO, Respondent. 12 13 No. 2:16-cv-0540-TLN-CMK-P / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 14 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner seeks the appointment of counsel (Doc. 15 23). There currently exists no absolute right to appointment of counsel in habeas proceedings. 16 See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A 17 authorizes the appointment of counsel at any stage of the case “if the interests of justice so 18 require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not 19 find that the interests of justice would be served by the appointment of counsel. 20 21 Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment of counsel (Doc. 23) is denied. 22 23 24 25 DATED: July 13, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 26 1

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