Low v. Salinas
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 06/16/11 denying 14 Motion to Appoint Counsel to renewal, at the earliest, after an answer to the petition has been filed. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TONY RICHARD LOW,
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Petitioner,
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vs.
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No. CIV S-11-0029-CMK-P
S.M. SALINAS,
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ORDER
Respondent.
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/
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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner seeks the appointment of counsel (Doc.
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14). There currently exists no absolute right to appointment of counsel in habeas proceedings.
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See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A
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authorizes the appointment of counsel at any stage of the case “if the interests of justice so
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require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not
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find that the interests of justice would be served by the appointment of counsel at the present
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time.
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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment
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of counsel (Doc. 14) is denied without prejudice to renewal, at the earliest, after an answer to the
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petition has been filed.
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DATED: June 16, 2011
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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