Vaughn v. On Habeas Corpus

Filing 36

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/19/2017 DENYING without prejudice 34 Request for Appointment of Counsel. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK A. VAUGHN,

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No. 2:16-cv-2384 JAM CKD P

Petitioner,
v.

ORDER

STUART SHERMAN,

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Respondent.

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

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

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

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

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

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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. 34) 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: December 19, 2017

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12/vaug2384.110(2)

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE