Stone v. Martel

Full title: AARON P. STONE, Petitioner, v. M. MARTEL, et al., Respondents

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

Date published: Jan 31, 2011

No. CIV S-10-3454 GGH P (E.D. Cal. Jan. 31, 2011)

Opinion

No. CIV S-10-3454 GGH P.

January 31, 2011

ORDER

GREGORY HOLLOWS, 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 10, 2011 motion for appointment of counsel (Docket No. 9) is denied without prejudice to a renewal of the motion at a later stage of the proceedings.

DATED: January 31, 2011