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)

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