Opinion
CASE NO. C11-5822-BHS-JRC
12-20-2011
WENDEL WAYNE JOHNSON, Petitioner, v. MAGGIE MILLER-STOUT, Respondent.
UNITED STATES DISTRICT COURT
ORDER DENYING APPOINTMENT OF COUNSEL
This petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 has been referred to United States Magistrate Judge pursuant to 28 U.S.C. § 636(b) (1) (A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner has filed a motion for appointment of counsel (ECF No. 10).
There is no right to have counsel appointed in cases brought under 28 U.S.C. § 2254 unless an evidentiary hearing is required, because the action is civil, not criminal, in nature. Brown v. Vasquez, 952 F.2d 1164, 1168 (9th Cir. 1991) (citing McCleskey v. Zant, 499 U.S. 467, 495 (1991)); see Ortiz v. Stewart, 149 F.3d 923, 939 (9th Cir. 1998) ("There is simply no constitutional right to an attorney in a state post-conviction proceeding."); see also Terrovona v. Kincheloe, 852 F.2d 424, 429 (9th Cir. 1988); and Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts."
The Court has not ordered an evidentiary hearing in this case and is awaiting the filing of an answer to the petition.
The motion for appointment of counsel is DENIED.
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J. Richard Creatura
United States Magistrate Judge