(HC) Gabaldon v. Pickett

E.D. California

(HC) Gabaldon v. Pickett

DecidedJanuary 19, 2021

Docket2:20-cv-02489

StatusUnknown

This text of (HC) Gabaldon v. Pickett ((HC) Gabaldon v. Pickett) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

(HC) Gabaldon v. Pickett, (E.D. Cal. 2021).

Pincite

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENERITO FELIPE GABALDON, No. 2:20-cv-2489-EFB P 12 Petitioner, 13 V. ORDER 14 J. PICKETT, Warden, 15 Respondent. 16 17 Mr. Gabaldon is a state prisoner without counsel. He has requested that the court appoint 18 | counsel. There currently exists no absolute right to appointment of counsel in habeas 19 || proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The court may appoint 20 || 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 22 || 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 24 || commence this action. 25 Accordingly, it hereby is ORDERED that Mr. Gabaldon’s request for appointment of 26 || counsel (ECF No. 5) is DENIED without prejudice. 27 || Dated: January 19, 2021. 28 tid, PDEA EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE

Free access — add to your briefcase to read the full text and ask questions with AI

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENERITO FELIPE GABALDON, No. 2:20-cv-2489-EFB P 12 Petitioner, 13 V. ORDER 14 J. PICKETT, Warden, 15 Respondent. 16 17 Mr. Gabaldon is a state prisoner without counsel. He has requested that the court appoint 18 | counsel. There currently exists no absolute right to appointment of counsel in habeas 19 || proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The court may appoint 20 || 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 22 || 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 24 || commence this action. 25 Accordingly, it hereby is ORDERED that Mr. Gabaldon’s request for appointment of 26 || counsel (ECF No. 5) is DENIED without prejudice. 27 || Dated: January 19, 2021. 28 tid, PDEA EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE

Cite This Page — Counsel Stack

Bluebook (online)

(HC) Gabaldon v. Pickett, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hc-gabaldon-v-pickett-caed-2021.

Opinion

Related

Cite This Page — Counsel Stack