(HC) See v. Macomber

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MOUSENG SEE, Case No. 1:24-cv-01096-KES-SKO (HC) 12 Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 13 v. [Doc. 9] JEFF MACOMBER, 15 Respondent.

17 Petitioner has requested the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 19 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. Here, Petitioner has filed a well-pled petition and the matter is currently awaiting a response from Respondent. The Court does not find that the interests of justice require the appointment of counsel at the present time.

25 Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of counsel is DENIED.

IT IS SO ORDERED.

Dated: November 8, 2024 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE