O'Neill v. State of California
ORDER signed by Magistrate Judge Allison Claire on 11/9/2017 DENYING 6 Motion to Appoint Counsel Without Prejudice. (York, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:17-cv-2094 MCE AC HC
THE STATE OF CALIFORNIA,
Petitioner has requested the appointment of counsel. There currently exists no absolute
right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460
(9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage
of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.
At this time, the court does not find that the interests of justice would be served by the
appointment of counsel.
Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of
counsel (ECF No. 6) is denied without prejudice, subject to a renewal of the motion at a later
stage in the proceedings.
DATED: November 9, 2017
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