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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREAU GERALD WILSON,

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Petitioner,

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No. 2:16-cv-2703 CKD P

v.

ORDER

SAN QUENTIN PRISON,

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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.
Petitioner has also filed a motion for discovery. This will be denied as premature, as he

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has not yet filed an amended petition and no respondent has been served. (See ECF No. 11.)

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for appointment of counsel (ECF No. 12) is denied without

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prejudice to a renewal at a later stage of the proceedings; and

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2. Petitioner’s motion for discovery (ECF No. 13) is denied as premature.
Dated: February 15, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/kly
wils2703.110

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