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Glover v. Middleton

United States District Court, Eastern District of California
Jun 2, 2022
2:22-CV-0056-KJM-DMC-P (E.D. Cal. Jun. 2, 2022)

Opinion

2:22-CV-0056-KJM-DMC-P

06-02-2022

LARRY ROBERT GLOVER, Petitioner, v. MIDDLETON, et al., Respondents.


ORDER

DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner's motion for the appointment of counsel, ECF No. 13.

There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the Court does not find that the interests of justice would be served by the appointment of counsel at the present time. Petitioner has requested appointed counsel once before, which was denied without prejudice to renewal following a response to Petitioner's petition. See ECF No. 3; ECF No. 6. No response has yet been filed.

Accordingly, IT IS HEREBY ORDERED that Petitioner's motion for appointment of counsel, ECF No. 13, is denied without prejudice to renewal, at the earliest, after a response to the petition has been filed.


Summaries of

Glover v. Middleton

United States District Court, Eastern District of California
Jun 2, 2022
2:22-CV-0056-KJM-DMC-P (E.D. Cal. Jun. 2, 2022)
Case details for

Glover v. Middleton

Case Details

Full title:LARRY ROBERT GLOVER, Petitioner, v. MIDDLETON, et al., Respondents.

Court:United States District Court, Eastern District of California

Date published: Jun 2, 2022

Citations

2:22-CV-0056-KJM-DMC-P (E.D. Cal. Jun. 2, 2022)