(HC) Yeh v. John Doe Warden, No. 2:2013cv00262 - Document 18 (E.D. Cal. 2013)
Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 10/7/13 ORDERING that Petitioners request for appointment of counsel 16 is DENIED withoutprejudice; and the September 16, 2013 findings and recommendations 15 are VACATED.(Dillon, M)
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(HC) Yeh v. John Doe Warden Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 YOW MING YEH, 12 Petitioner, 13 14 No. 2:13-cv-262-TLN-EFB P v. ORDER JOHN DOE WARDEN, 15 Respondent. 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 17 18 28 U.S.C. § 2254. He has requested that the court appoint counsel. There currently exists no 19 absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 20 453, 460 (9th Cir. 1996). The court may appoint counsel at any stage of the proceedings “if the 21 interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing 22 § 2254 Cases. The court does not find that the interests of justice would be served by the 23 appointment of counsel at this stage of the proceedings and the request will be denied without 24 prejudice. Additionally, in light of petitioner’s statement of opposition to respondent’s motion to 25 26 dismiss (see ECF No. 16), the September 16, 2013 findings and recommendations recommending 27 this action be dismissed for failure to prosecute (ECF No. 15), will be vacated. 28 ///// 1 Dockets.Justia.com 1 Accordingly, it hereby is ORDERED that: 2 1. Petitioner’s request for appointment of counsel (ECF No. 16) is denied without 3 4 5 prejudice; and 2. The September 16, 2013 findings and recommendations (ECF No. 15) are vacated. Dated: October 7, 2013. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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