(HC) Gibbs v. Shasta County Superior Court

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

ROBERT ALAN GIBBS, No. 2:21-cv-0027 WBS CKD P Petitioner,

V. ORDER

SHASTA COUNTY SUPERIOR COURT,

Respondent.

Petitioner has requested the appointment of counsel. There currently exists no absolute mght 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, HEREBY ORDERED that petitioner’s April 14, 2021 request for appointment of counsel is denied.

Dated: April 16, 2021 es ) dj es {a— CAROLYN K. DELANEY :

UNITED STATES MAGISTRATE JUDGE eiboo27.110