Baker v. Sherman
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/20/17 DENYING 5 Motion to Appoint Counsel. (Plummer, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
TIMOTHY R. BAKER,
No. 2:17-cv-2096 CKD P
STU SHERMAN, Warden,
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.
In the present case, the court does not find that the interests of justice would be served by the
appointment of counsel at the present time.
Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of
counsel (ECF No. 5) is denied without prejudice to a renewal of the motion at a later stage of the
Dated: October 20, 2017
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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