(HC) Swopes v. Ciolli ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HOSEA SWOPES, ) Case No.: 1:21-cv-00062-JLT (HC) ) 12 Petitioner, ) ORDER DENYING MOTION FOR ) APPOINTMENT OF COUNSEL 13 v. ) ) (Doc. 5) 14 A. CIOLLI, ) 15 Respondent. ) ) 16 ) 17 On February 5, 2021, Petitioner filed a motion to appoint counsel. (Doc. 5.) There currently 18 exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. 19 Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). 20 However, Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the 21 case if “the interests of justice so require.” See Rule 8(c), Rules Governing Section 2254 Cases. In the 22 present case, the Court does not find that the interests of justice require the appointment of counsel at 23 the present time. Accordingly, Petitioner’s request for appointment of counsel is DENIED. 24 25 IT IS SO ORDERED. 26 Dated: February 8, 2021 /s/ Jennifer L. Thurston 27 UNITED STATES MAGISTRATE JUDGE 28