(HC) Schneider v. United States ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD JASON SCHNEIDER, Case No. 1:23-cv-00989-ADA-SKO (HC) 12 Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 13 v. [Doc. No. 2] 14 UNITED STATES OF AMERICA, 15 Respondent. 16 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2241. Petitioner has requested the appointment of counsel. There 19 currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., 20 Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 21 (8th Cir. 1984). However, Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of 22 counsel at any stage of the case if "the interests of justice so require." See Rule 8(c), Rules 23 Governing Section 2254 Cases. In this case, the Court has determined it lacks jurisdiction to 24 consider Petitioner’s claims. Thus, the Court does not find that the interests of justice require the 25 appointment of counsel at the present time. 26 ///// 27 ///// 1 Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of 2 counsel is DENIED. 3 IT IS SO ORDERED. 4 5 Dated: September 5, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27