Fritz v. Warden

Filing 20

ORDER signed by Magistrate Judge Deborah Barnes on 7/29/2019 DENYING Petitioner's 19 Motion to Appoint Counsel. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMAL D. FRITZ,

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Petitioner,

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No. 2:17-cv-0263 JAM DB P

v.

ORDER

WARDEN, R.J. DONOVAN
CORRECTIONAL FACILITY,
Respondent.

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Petitioner is a county inmate proceeding pro se and in forma pauperis with a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has requested the appointment of

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counsel. (ECF No. 19.) In support of his motion petitioner argues that he does not have legal

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training. 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. 19) 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: July 29, 2019

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DLB:12
DLB:1/Orders/Prisoner/Habeas/frit0263.110

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