(HC) Vigil v. Lizarraqa

District Court, E.D. California·Decided October 21, 2020·No. 2:20-cv-01048·Unknown

Opinion

WILLIE PAUL VIGIL, JR., No. 2:20-CV-1048-WBS-DMC-P Petitioner, v. ORDER Respondent. Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court are Petitioner’s motions for the appointment of counsel (ECF Nos. 2 and 15). 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 Petitioner’s motions for appointment of counsel (ECF Nos. 2 and 15) are denied without prejudice to renewal, at the earliest, after a response to the petition has been filed. Dated: October 20, 2020 Ssvcqo_ UNITED STATES MAGISTRATE JUDGE

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(HC) Vigil v. Lizarraqa, (E.D. Cal. 2020).

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Related

Nevius v. Sumner
105 F.3d 453 (Ninth Circuit, 1996)