(HC) Wilburn v. Alison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRENCE LAMAR WILBURN, No. 2:22-cv-01947-DJC-JDP (HC) 12 Petitioner, 13 v. ORDER 14 KATHLEEN ALISON, 15 Respondent. 16 17 Petitioner has requested the appointment of counsel.1 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 The court does not find that the interests of justice would be served by the appointment of counsel 22 since the court has dismissed this matter. 23 Accordingly, it is hereby ORDERED that petitioner’s September 1, 2023 request for 24 appointment of counsel, ECF No. 34, is denied without prejudice. 25 26 27 1 Petitioner moved for the appointment of counsel on September 1, 2023, ECF No. 34, however, that motion was not entered onto the docket until after Judge Calabretta issued an order 28 dismissing this action on September 6, 2023, ECF No. 32. 1 > IT IS SO ORDERED. 3 ( | { Wine Dated: _ September 11, 2023 Q_—_—. 4 JEREMY D. PETERSON 5 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28