(HC)Brevik v. Allen ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONOVAN CHAD BREVIK, No. 2:22-CV-2052-DMC-P 12 Petitioner, ORDER 13 v. 14 TRENT ALLEN, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, appears to seek to bring a petition 18 for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court are Petitioner’s 19 motions for the appointment of counsel, ECF Nos. 1 and 7. 20 There currently exists no absolute right to appointment of counsel in habeas 21 proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. 22 § 3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice 23 so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the Court does 24 not find that the interests of justice would be served by the appointment of counsel at the present 25 time. 26 / / / 27 / / / 28 / / / ] Accordingly, IT IS HEREBY ORDERED that Petitioner’s motions for 2 || appointment of counsel, ECF Nos. | and 7, are denied without prejudice to renewal, at the 3 || earliest, after a response to the petition has been filed. 4 5 || Dated: December 20, 2022 Svc 6 DENNIS M. COTA 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28