(HC) Feci v. Burton

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 JAMES MICHAEL FECI, No. 2:20-cv-0878 KJM CKD P 12 Petitioner, 13 V. ORDER 14 ROBERT BURTON, 15 Respondent.

17 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.

21 | 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.

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

25 || Dated: January 8, 2021 bh rdf ht / {a— 26 CAROLYN K DELANEY 07 UNITED STATES MAGISTRATE JUDGE 28 12/feci0878.110.docx