(HC) Khademi v. Placer County Sheriff ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVOOD KHADEMI, No. 2:23-cv-2122 KJN P 12 Petitioner, 13 v. ORDER 14 PLACER COUNTY SHERIFF, 15 Respondent. 16 17 Petitioner requested the appointment of counsel. There currently exists no absolute right 18 to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th 19 Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of 20 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 appointment of counsel is denied without prejudice to a 25 renewal of the motion at a later stage of the proceedings; and 26 //// 27 //// 28 //// ] 2. The Clerk of the Court is directed to substitute the Placer County Sheriff as respondent. 2 | (ECF No. 8 at 1 n.1.) 3 || Dated: December 28, 2023 ' Foci) Aharon 5 KENDALL J. NE fow/kkhad2122.110 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28