Mills v. California Dept of Corrections

Filing 17

ORDER signed by Magistrate Judge Deborah Barnes on 9/13/2017 DENYING without prejudice 13 Motion for Appointment of Counsel. (Henshaw, R)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

KENNETH WAYNE MILLS,

11
12
13
14
15

No. 2:17-cv-0510 JAM DB P

Petitioner,
v.

ORDER

CALIFORNIA DEPT. OF
CORRECTIONS,
Respondent.

16
17

Petitioner has requested the appointment of counsel based on, as the best as the court can

18

determine from the moving papers, mental incompetence. There currently exists no absolute right

19

to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th

20

Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of

21

the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.

22

In the present case, the court does not find that the interests of justice would be served by

23

the appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that

24

petitioner’s motion for appointment of counsel (ECF NO. 13) is denied without prejudice to a

25

renewal of the motion at a later stage of the proceedings.

26

Dated: September 13, 2017

27
28

1
2

/DLB7;
DB/Inbox/Routine/mill0510.110

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2