(HC) Murphy v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LaDARIUS D. MURPHY, No. 2:24-cv-01978-TLN-EFB (HC) Petitioner, v. ORDER STEVEN SMITH1, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, which is before the court for screening. ECF No. 1. He has paid the filing fee. Petitioner has also filed two motions for appointment of counsel. ECF Nos. 9, 10. 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

1 The Sacramento County Court was previously named as the respondent. Steven Smith is currently the warden of Pelican Bay State Prison, where petitioner is incarcerated. “A petitioner for habeas corpus relief must name the state officer having custody of him or…