Johnson v. Swarthout

Full title: PAUL SAMUEL JOHNSON, Petitioner, v. GARY SWARTHOUT, Respondent.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 3, 2012

2:11-cv-2733 KJM KJN P (E.D. Cal. Jul. 3, 2012)

Opinion

PAUL SAMUEL JOHNSON, Petitioner, v. GARY SWARTHOUT, Respondent. No. 2:11-cv-2733 KJM KJN P United States District Court, E.D. California. July 3, 2012

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Petitioner has requested the appointment of counsel. 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.

         Accordingly, IT IS HEREBY ORDERED that petitioner's February 17, 2012 and March 8, 2012 motions for appointment of counsel (dkt. nos. 26, 31) are denied without prejudice.