Robert Farwell v. Director of CDCR

United States District Court for the Eastern District of California

Robert Farwell v. Director of CDCR

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT FARWELL, No. 2:25-cv-0225 DJC AC P 12 Petitioner, 13 v. ORDER 14 DIRECTOR OF CDCR, 15 Respondent. 16 17 Petitioner has filed a second motion for the appointment of counsel. ECF No. 34. There 18 currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. 19 Sumner,

105 F.3d 453

, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the 20 appointment of counsel at any stage of the case “if the interests of justice so require.” See Rule 21 8(c), Fed. R. Governing § 2254 Cases. The instant motion is identical to the previous motion and 22 requests appointment of counsel on the grounds that petitioner is indigent, he has no formal legal 23 education, and the issues are complex. ECF No. 34. The court ordered a response to the petition 24 (ECF No. 4), which has now been filed (ECF No. 33). Petitioner has until November 20, 2025, to 25 file an optional traverse. To date, petitioner has been able to adequately articulate his positions 26 and arguments, and at this stage the court does not find that the interests of justice would be 27 served by the appointment of counsel. 28 //// ] Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of 2 || counsel (ECF No. 34) is DENIED. 3 | DATED: November 4, 2025

ALLISON CLAIRE 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown