(HC) Stitt v. Pickett ( 2020 )

2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 DERRIC MEREDITH RICK GENE Case No.: 1:20-cv-00153-JLT (HC) STITT, 11 ORDER DENYING MOTION FOR Petitioner, APPOINTMENT OF COUNSEL 12 v. (Doc. 3) 13 M. SPEARMAN, Warden, 14 Respondent. 15 16 Petitioner has requested the appointment of counsel. There currently exists no absolute 17 right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 18 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 19 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the 20 interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the 21 present case, the Court does not find that the interests of justice require the appointment of 22 counsel at the present time. Accordingly, Petitioner's request for appointment of counsel is 23 DENIED. 24 IT IS SO ORDERED. 25 Dated: January 30, 2020 /s/ Jennifer L. Thurston 26 UNITED STATES MAGISTRATE JUDGE 27 28