(HC) Campbell v. Perry ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ISIAH CAMPBELL, No. 2:21-cv-2369 CKD P 12 Petitioner, 13 v. ORDER 14 S. PERRY, 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 (9th 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 In the 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: 24 1. Petitioner’s request for the appointment of counsel (ECF No. 7) is denied without 25 prejudice to a renewal at a later stage of the proceedings. 26 2. Petitioner’s motion to proceed in forma pauperis (ECF No. 8) is denied as moot since 27 petitioner paid the filing fee in this matter. 28 ///// 1 || Dated: February 2, 2022 ( 2 Vd 7 Fd dha 4 2 CAROLYNK DELANEY 3 UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 12/camp2369.110.docx 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28