Maglaya v. People of the State of California
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/29/17 DENYING 30 Motion to Appoint Counsel. (Plummer, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:16-cv-2694 MCE CKD P
PEOPLE OF THE STATE OF
Petitioner has requested the appointment of counsel. There currently exists no absolute
right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460
(9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage
of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.
In the present case, the court does not find that the interests of justice would be served by the
appointment of counsel at the present time.
Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for the appointment of
counsel (ECF No. 30) is denied without prejudice to renewal at a later stage of the proceedings.
Dated: November 29, 2017
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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