Roberts v. Lizarraga
ORDER signed by Magistrate Judge Allison Claire on 11/28/2017 DENYING 9 Motion to Appoint Counsel. (York, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
WILLIAM SCOTT ROBERTS,
No. 2:17-cv-2328 MCE AC P
Petitioner has requested the appointment of counsel. There currently exists no absolute
right to appointment of counsel in habeas proceedings. 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.” In the present case, the undersigned has
recommended dismissal of the petition (ECF No. 7) and therefore does not find that the interests
of justice would be served by the appointment of counsel.
Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment of
counsel (ECF No. 9) is denied.
DATED: November 28, 2017
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