(HC) Feci v. Burton ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES MICHAEL FECI, No. 2:20-cv-0878 KJM CKD P 12 Petitioner, 13 V. ORDER 14 ROBERT BURTON, 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 | Inthe present case, the court does not find that the interests of justice would be served by the 22 | appointment of counsel at the present time. 23 Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of 24 | counsel (ECF No. 31) is denied without prejudice. 25 || Dated: January 8, 2021 bh rdf ht / {a— 26 CAROLYN K DELANEY 07 UNITED STATES MAGISTRATE JUDGE 28 12/feci0878.110.docx