(PC) Brooks v. Covello

8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA WILLIE L BROOKS, II, No. 2:20-CV-1573-DMC-P 12 Petitioner, 13 v. ORDER PATRICK COVELLO, 15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court are petitioner’s motions for appointed counsel (ECF No. 6 and 14). 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).

21 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.

25 / / / / / / / / / / / / wOASe 2 EUV VEY EOIN OUT IR ey OO 1 Accordingly, IT IS HEREBY ORDERED that petitioner’s motions for || appointment of counsel (ECF No. 6 and 14) are denied without prejudice to renewal, at the | earliest, after a response to the petition has been filed.

6 || Dated: September 10, 2020 Ssvcqo_ 7 DENNIS M. COTA 8 UNITED STATES MAGISTRATE JUDGE