(HC) James v. Sheriff, Sacramento County

Opinion

RONALD EUGENE JAMES, No. 2:24-cv-0328 CKD P Petitioner, v. ORDER Respondent. Petitioner, a Sacramento County pretrial detainee proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 along with a request to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). Petitioner has requested the appointment of counsel. 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: 1. Petitioner’s January 16, 2024, request for leave to proceed in forma pauperis is granted. 2. Petitioner’s January 16, 2024, request for appointment of counsel is denied. | Dated: February 21, 2024 ( ad f | / a /y i UNITED STATES MAGISTRATE JUDGE 9} 1 jame0328.mfc 1]