(HC) Nixon v. Morales

Filing 19

ORDER signed by Magistrate Judge Dennis M. Cota on 11/25/2024 DENYING Petitioner's 18 Motion to Appoint Counsel without prejudice. (Spichka, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDON NIXON,

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Petitioner,

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v.

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RAUL MORALES,

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No. 2:24-CV-1531-KJM-DMC-P

ORDER

Respondent.

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

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

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for the appointment of counsel, ECF No. 18.

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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. Petitioner's

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prior motion for the appointment of counsel was denied without prejudice to renewal following

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the filing of an answer. The docket reflects that an answer was filed on October 9, 2024. See

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ECF No. 14. In the renewed motion, Petitioner asks that the Court reconsider the prior denial

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and approve his original request. See ECF No. 18. In the original request, Petitioner stated
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"Requesting legal counsel" without providing any reasons warranting the appointment of

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counsel. The renewed motion will, therefore, be denied without prejudice to renewal

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accompanied by an explanation of the reasons Petitioner believes warrant the appointment of

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counsel in this case.

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Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for appointment
of counsel, ECF No. 18, is denied without prejudice.

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Dated: November 25, 2024

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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