(HC) Jackson v. California

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UNITED STATES DISTRICT COURT

9 10 EASTERN DISTRICT OF CALIFORNIA 11 JACOBY T. JACKSON, Case No. 1:25-cv-00348-SAB-HC 12 Petitioner, ORDER DENYING PETITIONER’S 13 MOTION TO APPOINT COUNSEL v. 14 (ECF No. 4)

CALIFORNIA,

15 Respondent. 16

17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. 20 Petitioner has moved for appointment of counsel. (ECF No. 4.) There currently exists no 21 absolute right to appointment of counsel in habeas proceedings. See, e.g., Chaney v. Lewis, 801 22 F.2d 1191, 1196 (9th Cir. 1986); Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958). 23 However, the Criminal Justice Act authorizes the appointment of counsel at any stage of the 24 proceeding for financially eligible persons if “the interests of justice so require.” 18 U.S.C. § 25 3006A(a)(2)(B). To determine whether to appoint counsel, the “court must evaluate the 26 likelihood of success on the merits as well as the ability of the petitioner to articulate his…