(HC) James v. People of the State of California ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD EUGENE JAMES, No. 2:21-CV-1005-TLN-DMC-P 12 Petitioner, ORDER 13 v. 14 PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 19 habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner’s motion for the 20 appointment of counsel, ECF No. 4. 21 There currently exists no absolute right to appointment of counsel in habeas 22 proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. 23 § 3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice 24 so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the Court does 25 not find that the interests of justice would be served by the appointment of counsel at the present 26 time. 27 / / / 28 / / / ] Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for appointment 2 || of counsel, ECF No. 4, is denied without prejudice to renewal, at the earliest, after a response to 3 || the petition has been filed. 4 5 6 | Dated: July 23, 2021 Svc 7 DENNIS M. COTA 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28