Serratos v. People of the State of California

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 03/09/18 DENYING 3 Motion to Appoint Counsel. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN SERRATOS, III, 12 13 14 15 No. 2:18-cv-0077 KJN P Petitioner, v. ORDER PEOPLE OF THE STATE OF CALIFORNIA, Respondent. 16 17 18 Petitioner has requested the appointment of counsel. There currently exists no absolute 19 right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 20 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage 21 of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. 22 In the present case, the court does not find that the interests of justice would be served by the 23 appointment of counsel at the present time. 24 Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of 25 counsel (ECF No. 3) is denied without prejudice. 26 Dated: March 9, 2018 27 serr0077.110 28 1

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