Phillips

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENITO JULIAN LUNA, Case No. 2:24-cv-1686-JDP (P) 12 Petitioner, 13 v. ORDER 14 B. PHILIPS, 15 Respondent. 16 17 Petitioner has requested the appointment of counsel and an extension of time to file an 18 amended petition. ECF No. 12. There currently exists no absolute right to appointment of 19 counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). 20 However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case “if 21 the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present 22 case, the court does not find that the interests of justice would be served by the appointment of 23 counsel at the present time. 24 The court screened petitioner’s initial petition on November 20, 2024. ECF No. 6. There, 25 the court found that the petition did not state a claim and provided petitioner with thirty days to 26 file either an amended petition or notice of…