(HC) Serratos v. People of the State of California ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN SERRATOS, III., No. 2:18-cv-0077 KJN P 12 Petitioner, 13 v. ORDER 14 PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondent. 16 17 18 Petitioner is a state prisoner, proceeding in forma pauperis and through counsel. On May 19 4, 2020, petitioner’s counsel, retained for the limited purpose of filing a traverse, filed a motion to 20 withdraw. Counsel Russell is retiring due to health issues, and counsel Campbell is unable to 21 represent petitioner, going forward, on a pro bono basis. 22 Good cause appearing, the motion to withdraw is granted. At this time, however, the 23 court declines to appoint petitioner counsel. There currently exists no absolute right to 24 appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th 25 Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of 26 the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. 27 In the present case, the court does not find that the interests of justice would be served by the 28 appointment of counsel at the present time. If the undersigned determines that an evidentiary wAIOe 6. LOU VE FE INVER ENGIN RAMU IR eee PY ee 1 | hearing is required, the court will revisit the appointment of counsel at that time. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The motion to withdraw (ECF No. 45) is granted; 4 2. The Clerk of the Court shall terminate petitioner’s counsel of record and return 5 || petitioner to pro se status: Benjamin Serratos, II], CDCR No. AM3717, California Medical 6 | Facility, P.O. Box 2000, Vacaville, CA 95696-2000; and 7 3. The motion for appointment of counsel (ECF No. 45) is denied without prejudice. 8 | Dated: May 22, 2020 Fens Arn 10 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 11 serr0077.mtw 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28