Gipbsin v. Mccumber et al

Filing 34

ORDER signed by Magistrate Judge Allison Claire on 12/5/2016 DENYING petitioner's 33 motion for appointment of counsel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLARENCE A. GIPBSIN,

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Petitioner,

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No. 2:16-cv-1590 MCE AC P

v.

ORDER

MCCUMBER, Warden, et al.,

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Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed a sixth request for appointment of

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counsel. ECF No. 33. There currently exists no absolute right to appointment of counsel in

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habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18

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U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case “if the interests of

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justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.
The court filed Findings and Recommendations in this case on November 22, 2016, which

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remain pending before the district judge, and which recommend dismissal of petitioner’s

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application for a writ of habeas corpus and all supplements thereto. See ECF No. 30. Petitioner

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filed objections to the findings and recommendations on December 1, 2016. See ECF No. 32.
In light of the pending recommendation for dismissal, the court does not find that the

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

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

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counsel (ECF No. 33) is denied without prejudice.

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DATED: December 5, 2016

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