(HC)Garza v. Phillips

Opinion

2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 ANGEL M. GARZA, Case No. 1:23-cv-01723-JLT-SKO (HC)

12 Petitioner, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 13 v. [Doc. 16] 14 BRYAN PHILLIPS, Warden, 15 Respondent.

16 17 Petitioner has requested the appointment of counsel. There currently exists no absolute 18 right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 19 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 20 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the 21 interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In this case, 22 the Court does not find that the interests of justice require the appointment of counsel at the 23 present time. 24 Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of 25 counsel is DENIED. 26 IT IS SO ORDERED. 27

Dated: February 22, 2024 /s/ Sheila K. Oberto . 1 UNITED STATES MAGISTRATE JUDGE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27