Driver v. Walker
Filing
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ORDER signed by Magistrate Judge John F. Moulds on 11/7/11 DENYING without prejudice 18 Motion to Appoint Counsel. (Dillon, 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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BILLY DRIVER,
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Petitioner,
No. 2:11-cv-1055 MCE JFM (HC)
Respondent.
ORDER
vs.
J. WALKER,
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Petitioner has requested the appointment of counsel. There currently exists no
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absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d
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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at
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any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing
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§ 2254 Cases. In the present case, the court does not find that the interests of justice would be
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served by the appointment of counsel at the present time.
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Accordingly, IT IS HEREBY ORDERED that petitioner’s October 25, 2011,
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request for appointment of counsel is denied without prejudice to a renewal of the motion at a
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later stage of the proceedings.
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DATED: November 7, 2011.
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/kly014/driv1055.110(2)
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