(HC) McCoy v. Sacramento County Jail

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 11/16/22 DENYING #5 Motion to Appoint Counsel without prejudice. (Woodworth, M.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEROME ELI MCCOY,

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Petitioner,

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No. 2:22-cv-1770 AC P

v.

ORDER

SACRAMENTO COUNTY JAIL,

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Respondent.

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Petitioner has requested the appointment of counsel. ECF No. 5. In support of the

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motion, petitioner states that he has a mental disability and that he can barely read or write. Id. at

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1.
There currently exists no right to appointment of counsel in habeas proceedings. See

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

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the appointment of counsel at any stage of the case “if the interests of justice so require.” See

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Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the

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interests of 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. 5) is DENIED without prejudice to a renewal of the motion at a later stage of

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the proceedings.

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DATED: November 16, 2022

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