Peterson v. Lizarraga

Filing 16

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/15/2017 DENYING 13 Motion to Appoint Counsel without prejudice to a renewal of the motion at a later stage of the proceedings. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD PETERSON,

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No. 2:17-cv-1693 GGH P

Petitioner,
v.

ORDER

JOE LIZARRAGA, Warden of MCSP,
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.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment of
counsel is denied without prejudice to a renewal of the motion at a later stage of the proceedings.

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IT IS SO ORDERED

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DATED: November 15, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE