King v. Davey

Filing 10

ORDER denying 9 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 08/15/16. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY LEE KING,

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No. 2:16-cv-1464-EFB P

Petitioner,

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v.

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DAVE DAVEY,

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ORDER

Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. He has again requested that the court appoint counsel. As previously

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explained, there currently exists no absolute right to appointment of counsel in habeas

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proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The court may appoint

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counsel at any stage of the proceedings “if the interests of justice so require.” See 18 U.S.C. §

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3006A; see also, Rule 8(c), Rules Governing § 2254 Cases. The court does not find that the

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interests of justice would be served by the appointment of counsel at this stage of the proceedings.

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Accordingly, it hereby is ORDERED that petitioner’s request for appointment of counsel

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(ECF No. 9) is denied without prejudice.

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Dated: August 15, 2016.

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