(HC) Phea v. The People of the State of California

Filing 28

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/14/2020 DENYING without prejudice 27 Motion to Appoint Counsel. (Henshaw, R)

Case 2:20-cv-00283-WBS-GGH Document 28 Filed 08/17/20 Page 1 of 1
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALANJE PHEA,

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No. 2:20-cv-00283 WBS GGH P

Petitioner,
v.

ORDER

CHRISTIAN PFEIFFER, Warden,

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Respondent.

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Petitioner has requested the appointment of counsel. ECF No. 27. There currently exists

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no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105

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F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of

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counsel at any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R.

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Governing § 2254 Cases. In the present case, the court does not find that the interests of justice

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

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

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counsel (ECF No. 27) 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: August 14, 2020

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE