(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEROME ELI MCCOY, 12 Petitioner, 13 14 No. 2:22-cv-1770 AC P v. ORDER SACRAMENTO COUNTY JAIL, 15 Respondent. 16 17 Petitioner has requested the appointment of counsel. ECF No. 5. In support of the 18 motion, petitioner states that he has a mental disability and that he can barely read or write. Id. at 19 1. There currently exists no right to appointment of counsel in habeas proceedings. See 20 21 Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes 22 the appointment of counsel at any stage of the case “if the interests of justice so require.” See 23 Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the 24 interests of justice would be served by the appointment of counsel at the present time. 25 //// 26 //// 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of 2 counsel (ECF No. 5) is DENIED without prejudice to a renewal of the motion at a later stage of 3 the proceedings. 4 DATED: November 16, 2022 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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