IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 16, 2010
MICHAEL WU, PETITIONER,
CMF WARDEN, RESPONDENT.
Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He has requested that the court appoint counsel in a supplemental filing requesting an evidentiary hearing. Dckt. No. 27.
There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The court may appointment counsel at any stage of the proceedings "if the interests of justice so require." See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing Section 2254 Cases. The court does not find that the interests of justice would be served by the appointment of counsel at this stage of the proceedings.
As to petitioner's supplemental request for an evidentiary hearing, the court informs petitioner that it will rule on the motion for evidentiary hearing filed on April 28, 2010 in due course.
Accordingly, it hereby is ORDERED that petitioner's June 3, 2010 motion for appointment of counsel is denied without prejudice.
© 1992-2010 VersusLaw Inc.