(HC) Nedd v. Bird ( 2023 )

2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 JEFFREY S. NEDD, 1:22-cv-00704-JLT-HBK (HC) 11 Petitioner, ORDER DENYING MOTION FOR 12 v. APPOINTMENT OF COUNSEL 13 LANDON BIRD, (Doc. No. 15) 14 Respondent. 15 16 17 18 Before the court is Petitioner’s motion for appointment of counsel. (Doc. No. 15). 19 Petitioner, a state prisoner proceeding pro se, has pending a petition for writ of habeas corpus 20 filed under 28 U.S.C. § 2254. (Doc. No. 1). Petitioner requests that the Court to appoint counsel 21 to represent him in this matter. (Doc. No. 15). 22 There is no automatic, constitutional right to counsel in federal habeas proceedings. See 23 Coleman v. Thompson, 501 U.S. 722, 752 (1991); Anderson v. Heinze, 258 F.2d 479, 481 (9th 24 Cir. 1958). The Criminal Justice Act, 18 U.S.C. § 3006A, however, authorizes this court to 25 appoint counsel for a financially eligible person who seeks relief under § 2241 when the “court 26 determines that the interests of justice so require.” Id. at § 3006A(a)(2)(B); see also Chaney v. 27 Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). Moreover, the Rules Governing Section 2254 Cases 28 in the United States District Courts require the court to appoint counsel: (1) when the court has authorized discovery upon a showing of good cause and appointment of counsel is necessary for effective discovery; or (2) when the court has determined that an evidentiary hearing is warranted. 3 Id. at Rs. 6(a) and 8&(c). 4 Based upon the record, the Court finds Petitioner has not demonstrated that appointment of counsel is necessary at this stage of the proceedings. Petitioner was able to file his habeas 6 petition and an opposition to Respondent’s Motion to Dismiss without the aid of counsel. Further, the Court finds the circumstances of this case at this time do not indicate that appointed 8 counsel is necessary to prevent due process violations. Accordingly, it is ORDERED: 10 Petitioner’s motion for appointment of counsel (Doc. No. 15) is denied without prejudice. 12 13 Dated: _ February 2, 2023 Mihaw. Wh. foareh fackte 14 HELENA M. BARCH-KUCHTA 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28