Pfeiffer

(HC) Shorts v. Pfeiffer

Bad Law
United States District Court, Eastern District of CaliforniaAugust 22, 20192:19-cv-00797California313 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRY SHORTS, No. 2:19-cv-0797 KJM KJN P Petitioner, v. ORDER C. PFEIFFER, Respondent. 16 Petitioner has renewed his request for the appointment of counsel. Petitioner claims that counsel must be appointed for an indigent petitioner when a court issues an order to show cause. (ECF No. 20 at 1, citing Rule 4.551(c)(2), Cal. R. Ct.) However, this court is not bound by state court rules. Rather, as petitioner was earlier informed, there is no absolute right to appointment of counsel in federal habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). Title 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 this case, the court does not find that the interests of justice would be served by the appointment of counsel. Shortly before petitioner filed his motion,…

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