Tanner v. Sherman

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/16 ORDERING that petitioner's motions for appointment of counsel (ECF No. 4 , 11 and 18 ) are DENIED without prejudice to a renewal of the motion at a later stage of the proceedings. (Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

FREDERICK TANNER,

12

No. 2:16-cv-0581 KJN P

Petitioner,

13

v.

14

STU SHERMAN,

15

ORDER

Respondent.

16
17

Petitioner has requested the appointment of counsel. There currently exists no absolute

18

right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460

19

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

20

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

21

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

22

appointment of counsel at the present time.

23

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

24

counsel (ECF No. 4, 11 and 18) are denied without prejudice to a renewal of the motion at a later

25

stage of the proceedings.

26

Dated: October 21, 2016

27
28

tann0581.110