Rippey v. Brown
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/2011 DENYING, without prejudice, 15 Motion to Appoint Counsel. (Michel, G)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SCOTT JOSEPH RIPPEY,
Petitioner,
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vs.
EDMUND BROWN,
Respondent.
ORDER
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No. CIV S-11-1307 EFB P
Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28
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U.S.C. § 2254. He has requested that the court appoint 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). The court may appoint counsel at any stage of the proceedings “if the
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interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing
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Section 2254 Cases. The court does not find that the interests of justice would be served by the
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appointment of counsel at this stage of the proceedings.
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Accordingly, it hereby is ORDERED that petitioner’s October 24, 2011 request for
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appointment of counsel is denied without prejudice.
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DATED: November 8, 2011.
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