(HC) McGee v. Salinas Valley State Prison

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 | HAWTHORNE MCGEE, No. 2:24-cv-1955 DAD CSK P 1] Petitioner, 12 Vv. ORDER 13 || SALINAS VALLEY STATE PRISON, 14 Respondent. 15 16 Petitioner has requested the appointment of counsel. There currently exists no absolute 17 || right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 18 | (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage 19 || of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. 20 | In the present case, the Court does not find that the interests of justice would be served by the 21 || appointment of counsel at the present time. 22 Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of 23 || counsel (ECF No. 36) is denied without prejudice. 24 25 | Dated: August 29, 2025 A aA Aan Spe | CHI SOO KIM 27 UNITED STATES MAGISTRATE JUDGE mege1955.110/2