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Eugene Jacob Mcbride v. Mathew Cate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 14, 2011

EUGENE JACOB MCBRIDE, PETITIONER,
v.
MATHEW CATE, RESPONDENT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner, a state prisoner proceeding pro se, is proceeding with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion for the appointment of counsel and a motion for discovery.

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). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time.

In his motion for discovery petitioner requests the reporter's transcripts from several pre-trial hearings to augment the record, but provides no specific reasons why they are needed.. The court has already ordered respondent to provide any transcripts relevant to the issues in this case with their answer. Docket No. 16. If the court requires additional transcripts, they will be requested.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's motion for appointment of counsel (Docket No. 15) is denied without prejudice to a renewal of the motion at a later stage of the proceedings; and

2. Petitioner's motion for discovery (Docket No. 16) is denied.

Gregory G. Hollows

20110614

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