JONES v. HAWS

Full title: WILLIE RAY JONES, Petitioner, v. FREDERICK B. HAWS, Respondent

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

Date published: Jan 13, 2011

No. CIV-S-09-1735 MCE DAD (TEMP) P (E.D. Cal. Jan. 13, 2011)

Opinion

No. CIV-S-09-1735 MCE DAD (TEMP) P.

January 13, 2011

ORDER

DALE DROZD, 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 January 5, 2011 motion for appointment of counsel (Docket No. 48) is denied without prejudice to a renewal of the motion at a later stage of the proceedings.

DATED: January 13, 2011.