(HC) Jeffries v. Clark

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

1] ANDREW JEFFRIES, No. 2:20-cv-2414 JAM KJN P Petitioner,

Vv. ORDER

KEN CLARK,

Respondent.

Petitioner requested the appointment of counsel. As petitioner acknowledges, 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). 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. Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of counsel (ECF No. 28) is denied without prejudice.

Dated: November 18, 2021

Aectl Aharon a7 KENDALL J.NE

UNITED STATES MAGISTRATE JUDGE jjermaia.si0