Neal v. Warden of SATF et al.

Filing 24

ORDER signed by Magistrate Judge Deborah Barnes on 12/7/2016 DENYING without prejudice petitioner's 7 request for appointment of counsel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT W. NEAL,

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Petitioner,

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No. 2:16-cv-2778 DB P

v.

ORDER

WARDEN OF SATF, et al.,

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Respondents.

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Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus.

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Petitioner filed his petition on October 14, 2016 in the Northern District of California. It was

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transferred to this court on November 23, 2016. Petitioner challenges his conviction and sentence

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on the grounds that he is factually innocent, that he was incompetent to enter a plea, that he

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received ineffective assistance of counsel.
Petitioner has requested the appointment of counsel. He states that the “complexities of

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the case” require it. There currently exists no absolute right to appointment of counsel in habeas

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proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. §

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3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice so

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require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not

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find that the interests of justice would be served by the appointment of counsel at the present

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time.
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Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of

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counsel (ECF No. 7) 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 7, 2016

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DLB:9
DLB1/prisoner-habeas/neal2778.110

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