(HC) Gazaway v. State of CA

Filing 26

ORDER signed by Magistrate Judge Dennis M. Cota on 5/9/2024 DENYING 24 Motion to Appoint Counsel without prejudice to renewal, at the earliest, after an answer to the petition has been filed. (Huang, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRALD D. GAZAWAY,

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Petitioner,

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No. 2:23-CV-0699-WBS-DMC-P

v.

ORDER

STATE OF CALIFORNIA,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s renewed

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motion for the appointment of counsel. See ECF No. 24.
There currently exists no absolute right to appointment of counsel in habeas

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

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§ 3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice

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so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the Court does

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not find that the interests of justice would be served by the appointment of counsel at the present

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time.

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

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of counsel, ECF No. 24, is denied without prejudice to renewal, at the earliest, after an answer to

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the petition has been filed.

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Dated: May 9, 2024

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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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