(HC) Gabaldon v. Pickett

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 BENERITO FELIPE GABALDON, No. 2:20-cv-2489-EFB P 12 Petitioner, 13 V. ORDER 14 J. PICKETT, Warden, 15 Respondent.

17 Mr. Gabaldon is a state prisoner without counsel. He has requested that the court appoint | counsel. 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). The court may appoint || counsel at any stage of the proceedings “if the interests of justice so require.” See 18 U.S.C. 21 § 3006A; see also, Rule 8(c), Rules Governing § 2254 Cases. The court does not find that the || interests of justice would be served by the appointment of counsel at this stage of the proceedings.

23 || As noted in the court’s December 21, 2020 order (ECF No. 4), Mr. Gabaldon has yet to properly || commence this action.

25 Accordingly, it hereby is ORDERED that Mr. Gabaldon’s request for appointment of || counsel (ECF No. 5) is DENIED without prejudice.

27 || Dated: January 19, 2021.

28 tid, PDEA EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE