Ranteesi v. Arnold

Filing 17

ORDER signed by Magistrate Judge Deborah Barnes on 12/18/2018 DENYING without prejudice petitioner's 16 request for appointment of counsel. (Yin, K)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

SIMON F. RANTEESI,

11

Petitioner,

12
13

No. 2:18-cv-0541 KJM DB P

v.

ORDER

ERIC ARNOLD, Warden,

14

Respondent.

15
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

16
17

pursuant to 28 U.S.C. § 2254. Petitioner claims he is entitled to relief from his 2006 murder

18

conviction because he was legally unconscious at the time of the crime. (ECF No. 1.) By order

19

dated November 26, 2018, the undersigned recommended this action be dismissed because it was

20

premised on an unauthorized successive petition for writ of habeas corpus. (ECF No. 12.)

21

Presently before the court is petitioner’s third motion to appoint counsel. (ECF No. 16.)
Petitioner has requested the court appoint “counsel and/or [a] Special Master (Referee) to

22
23

assist him in his gross injustice he is subjected to.” (ECF No. 16.) In support of his motion to

24

appoint counsel he argues that he is “a victim of so many circumstances because the Paxil

25

medication was a Massive Fraud.” (ECF No. 16 at 4.) He further argues the court should appoint

26

counsel because his claims in this case will involve complex issues and will require expert

27

testimony.

28

////
1

1

There currently exists no absolute right to appointment of counsel in habeas proceedings.

2

See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A

3

authorizes the appointment of counsel at any stage of the case “if the interests of justice so

4

require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. The court does not find that the

5

interests of justice would be served by the appointment of counsel at the present time because it

6

has recommended that the petition be dismissed as successive.

7

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

8

counsel (ECF No. 16) is denied without prejudice to a renewal of the motion at a later stage of the

9

proceedings.

10

Dated: December 18, 2018

11
12
13
14
15

DLB:12
DLB:1/Orders/Prisoner/Habeas/rant0541.110(2)

16
17
18
19
20
21
22
23
24
25
26
27
28
2