(HC) McCurry v. Allison ( 2022 )

2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 SCOTT ALLEN MCCURRY, Case No.: 1:22-cv-01398-SKO (HC) 11 Petitioner, ORDER DENYING MOTION FOR 12 v. APPOINTMENT OF COUNSEL 13 KATHLEEN ALLISON, Secretary, (Document #2) 14 Respondent. 15 16 Petitioner has requested the appointment of counsel. There currently exists no 17 absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. 18 Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 19 1984). However, Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel 20 at any stage of the case if "the interests of justice so require." See Rule 8(c), Rules 21 Governing Section 2254 Cases. In the present case, the Court does not find that the 22 interests of justice require the appointment of counsel at the present time. Accordingly, IT 23 IS HEREBY ORDERED that Petitioner's request for appointment of counsel is DENIED. 24 IT IS SO ORDERED. 25 26 Dated: November 2, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 27 28