Wilson v. San Quentin Prison
Filing
14
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/15/2017 ORDERING petitioner's 12 request for appointment of counsel is DENIED without prejudice; and petitioner's 13 motion for discovery is DENIED as premature. (Yin, K)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
FOR THE EASTERN DISTRICT OF CALIFORNIA
9
10
ANDREAU GERALD WILSON,
11
Petitioner,
12
13
No. 2:16-cv-2703 CKD P
v.
ORDER
SAN QUENTIN PRISON,
14
Respondent.
15
Petitioner has requested the appointment of counsel. There currently exists no absolute
16
17
right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460
18
(9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage
19
of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.
20
In the present case, the court does not find that the interests of justice would be served by the
21
appointment of counsel at the present time.
Petitioner has also filed a motion for discovery. This will be denied as premature, as he
22
23
has not yet filed an amended petition and no respondent has been served. (See ECF No. 11.)
24
Accordingly, IT IS HEREBY ORDERED that:
25
1. Petitioner’s request for appointment of counsel (ECF No. 12) is denied without
26
prejudice to a renewal at a later stage of the proceedings; and
27
////
28
////
1
1
2
2. Petitioner’s motion for discovery (ECF No. 13) is denied as premature.
Dated: February 15, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
3
4
5
6
7
2/kly
wils2703.110
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?