(HC) Feci v. Burton

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JAMES MICHAEL FECI, No. 2:20-cv-0878 KJM CKD P Petitioner,

V. ORDER

ROBERT BURTON,

Respondent.

Petitioner has requested the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (Oth 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. Inthe present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time.

Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of counsel (ECF No. 31) is denied without prejudice.

Dated: January 8, 2021 bh rdf ht / {a— CAROLYN K DELANEY

UNITED STATES MAGISTRATE JUDGE 12/feci0878.110.docx