(HC) Feci v. Burton

Filing 32

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/8/2021 DENYING without prejudice petitioner's 31 request for the appointment of counsel. (Yin, K)

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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 JAMES MICHAEL FECI, 12 13 14 No. 2:20-cv-0878 KJM CKD P Petitioner, v. ORDER ROBERT BURTON, 15 Respondent. 16 17 Petitioner has requested the appointment of counsel. There currently exists no absolute 18 right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 19 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage 20 of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. 21 In the present case, the court does not find that the interests of justice would be served by the 22 appointment of counsel at the present time. 23 Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of 24 counsel (ECF No. 31) is denied without prejudice. 25 Dated: January 8, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 26 27 28 12/feci0878.110.docx

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