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)

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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

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