Stewart v. Arnold

Filing 11

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/5/2016 DENYING without prejudice petitioner's 9 motion for appointment of counsel.(Yin, K)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

RALPH EDWARD STEWART,

11

No. 2:16-cv-0954 GEB GGH P

Petitioner,

12

v.

13

ERIC ARNOLD,

14

ORDER

Respondent.

15
16

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

17

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

18

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

19

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

20

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

21

appointment of counsel at the present time.

22

Accordingly, IT IS HEREBY ORDERED that petitioner’s June 1, 2016 motion for

23

appointment of counsel (ECF No. 9) is denied without prejudice to a renewal of the motion at a

24

later stage of the proceedings.

25

Dated: June 5, 2016
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

26
27
28

/mp; stew0954.110