IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 2, 2012
RICHARD LEON LOUGHMILLER, PETITIONER,
KATHLEEN DICKINSON, WARDEN, RESPONDENT.
The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge
[Re: Motion at Docket No. 35]
At Docket No. 35 Richard Leon Loughmiller, a state prisoner proceeding
pro se, filed a Motion for the Appointment of Counsel to represent him
on appeal. There is no constitutional right to counsel in federal
habeas proceedings.*fn1 This Court may, however,
appoint counsel under the Criminal Justice Act in this case if the
court determines that the interests of justice so require.*fn2
This Court having determined to issue a certificate of
appealability in this case has also determined that there is a
reasonable likelihood that Loughmiller may prevail and that the legal
issue presented is of sufficient complexity to warrant the appointment
IT IS HEREBY ORDERED THAT the Motion for Appointment of Counsel at Docket No. 35 is GRANTED.
IT IS FURTHER ORDERED THAT the Federal Public Defender is hereby appointed as counsel for Richard Leon Loughmiller.
The Clerk of the Court is directed serve a copy of this Order on David Porter, Assistant Federal Public Defender, and to transmit a copy to the Court of Appeals.
James K. Singleton, Jr.