(HC) Dias v. Fisher ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | HUMBERTO CASTILLO DIAS, No. 2:20-cv-0410 DB P 12 Petitioner, 13 V. ORDER 14 | RAYTHEL FISHER, 15 Respondent. 16 17 Petitioner has requested the appointment of his state appellate attorney as counsel of 18 | record in this federal habeas action. There currently exists no absolute right to appointment of 19 | counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). 20 | However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case “if 21 || the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the 22 || present case, the court does not find that the interests of justice would be served by the 23 | appointment of counsel at the present time. 24 Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of 25 | counsel (ECF No. 2) is denied without prejudice to a renewal of the motion at a later stage of the 26 | proceedings. 27 | Dated: April 10, 2020 /DLBT; 28 | DB/nbox/Routine/dias0410.110 Uti?