(HC) Williams v. Filson ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARCELL WILLIAMS, No. 2:18-cv-1305 KJM KJN P 12 Petitioner, 13 v. ORDER 14 TIMOTHY FILSON, 15 Respondent. 16 17 Petitioner requests the appointment of counsel and, in the alternative, asks for court orders 18 to obtain mental health records from various correctional facilities. However, the undersigned is 19 aware that petitioner suffers from a mental illness and is currently on antidepressant medication. 20 No additional mental health records are required to so demonstrate. Petitioner’s request for 21 orders to obtain mental health records is denied. 22 There currently exists no absolute right to appointment of counsel in habeas proceedings. 23 See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A 24 authorizes the appointment of counsel at any stage of the case “if the interests of justice so 25 require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. The undersigned has reviewed the 26 pleadings and does not find that the interests of justice would be served by the appointment of 27 counsel. 28 //// 1 Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of 2 | counsel (ECF No. 22) is denied without prejudice. 3 | Dated: August 5, 2019 ‘ Fens Arn 5 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE /bh/ew/will1305.110 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28