Opinion
No. CR S-02-0151-MCE-CMK, CIV S-07-0247-MCE-CMK.
February 12, 2008
ORDER
Movant, a federal prisoner proceeding pro se, brings this motion to correct or set aside a criminal judgment pursuant to 28 U.S.C. § 2255. Movant has requested the appointment of counsel (Docs. 228 233). There currently exists no absolute right to appointment of counsel in § 2255 proceedings. See Irwin v. United States, 414 F.2d 606 (9th Cir. 1969). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." Rule 8(c), Rules Governing Section 2255 Proceedings. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel.
All other pending motions will be addressed in the court's decision on the merits.
Accordingly, IT IS HEREBY ORDERED that movant's motions for appointment of counsel (Docs. 228 and 233) are denied.