Johnson v. Kernan et al

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 4/11/2018 DENYING without prejudice petitioner's 17 request for appointment of counsel.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY C. JOHNSON,

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No. 2:17-cv-2525 AC P

Petitioner,
v.

ORDER

SCOTT KERNAN, et al.,
Respondents.

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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. Nevius v. Sumner, 105 F.3d 453, 460 (9th

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Cir. 1996). However, 18 U.S.C. § 3006A(a)(2) authorizes the appointment of counsel at any

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stage of the case if “the interests of justice so require.” Petitioner asserts that he requires counsel

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because of his mobility limitations and limited ability to acquire the knowledge necessary to

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pursue this case. He also states he will need an attorney if there is an evidentiary hearing. As

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petitioner was previously advised, respondent has been ordered to respond to the petition and he

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is not required to take any further action until a response has been filed. It is not clear how

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petitioner’s mobility limitations prevent him from representing himself and his limited knowledge

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is not an extraordinary circumstance. Furthermore, it is not yet known whether an evidentiary

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hearing will be held in this case. For these reasons, the court does not find that the interests of

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justice would be served by the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of

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counsel (ECF No. 17) is denied without prejudice to a renewal of the motion at a later stage of the

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proceedings.

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DATED: April 11, 2018

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