Powell v. Chavez

Full title: JAMES CARL POWELL, Petitioner, v. FRANK CHAVEZ, Respondent.

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

Date published: May 13, 2011

CIV S-11-0422 DAD P (E.D. Cal. May. 13, 2011)

Opinion

JAMES CARL POWELL, Petitioner, v. FRANK CHAVEZ, Respondent. No. CIV S-11-0422 DAD P United States District Court, E.D. California. May 13, 2011

          ORDER

          DALE A. DROZD, District 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 April 28, 2011, request for appointment of counsel (Doc. No. 11) is denied without prejudice.