(HC) Shorts v. Pfeiffer ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | TERRY SHORTS, No. 2:19-cv-0797 KJM KJN P 12 Petitioner, 13 V. ORDER 14 | C. PFEIFFER, 15 Respondent. 16 17 Petitioner has requested the appointment of counsel. There currently exists no absolute 18 || right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 19 | (Oth Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage 20 || of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. 21 On January 17, 2020, the undersigned recommended that respondent’s motion to dismiss be 22 | granted as barred by the statute of limitations. Thus, the court does not find that the interests of 23 | justice would be served by the appointment of counsel. 24 Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of 25 | counsel (ECF No. 27) is denied without prejudice to a renewal of the motion at a later stage of the 26 | proceedings. 27 | Dated: February 18, 2020 /shor0797.110 28 Fens Arn EENDALLJ.NE TINTITEN STATES MACTIETR ATE TINGE