Chapa v. Lizarraga

Filing 16

ORDER signed by Magistrate Judge Allison Claire on 5/2/2017 DENYING 15 Motion to Appoint Counsel without prejudice. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH DAVID CHAPA,

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Petitioner,

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No. 2:16-cv-2019 JAM AC P

v.

ORDER

JOE A. LIZARRAGA,

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Respondent.

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Petitioner has requested the appointment of counsel. ECF No. 15. There currently exists

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no absolute right to appointment of counsel in habeas proceedings. Nevius v. Sumner, 105 F.3d

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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at

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any stage of the case “if the interests of justice so require.” Respondent has filed an answer to the

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petition and petitioner has filed his traverse. ECF Nos. 11, 15. Nothing further is currently

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required of petitioner and the court therefore does not find that the interests of justice would be

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served by the appointment of counsel at the present time.

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

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counsel (ECF No. 15) is denied without prejudice to a renewal of the motion at a later stage of the

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proceedings.

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DATED: May 2, 2017

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