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Sholl v. Atchley

United States District Court, Eastern District of California
Jul 27, 2021
2:21-cv-00064 GGH P (E.D. Cal. Jul. 27, 2021)

Opinion

2:21-cv-00064 GGH P

07-27-2021

BRIAN M. SHOLL, Petitioner, v. MATTHEW ATCHLEY, Warden, Respondent.


ORDER

Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE

Petitioner has requested the appointment of counsel. ECF No. 12. 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 request for appointment of counsel (ECF No. 12) is denied without prejudice to a renewal of the motion at a later stage of the proceedings.


Summaries of

Sholl v. Atchley

United States District Court, Eastern District of California
Jul 27, 2021
2:21-cv-00064 GGH P (E.D. Cal. Jul. 27, 2021)
Case details for

Sholl v. Atchley

Case Details

Full title:BRIAN M. SHOLL, Petitioner, v. MATTHEW ATCHLEY, Warden, Respondent.

Court:United States District Court, Eastern District of California

Date published: Jul 27, 2021

Citations

2:21-cv-00064 GGH P (E.D. Cal. Jul. 27, 2021)