Opinion
No. CIV S-12-0030 EFB P
01-18-2012
MARK SWAGERTY, Petitioner, v. MATTHEW CATE, Respondent.
ORDER
Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He has requested that the court appoint 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). The court may appoint counsel at any stage of the proceedings "if the interests of justice so require." See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing Section 2254 Cases. The court does not find that the interests of justice would be served by the appointment of counsel at this stage of the proceedings.
Accordingly, it hereby is ORDERED that petitioner's January 5, 2012 request for appointment of counsel is denied without prejudice.
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EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE