(HC) Jackline v. Sacramento County Main Jail

Good Law
United States District Court, Eastern District of CaliforniaSeptember 3, 20192:19-cv-01046California450 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DUDLEY W. JACKLINE, No. 2:19-cv-1046 KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATION

SACRAMENTO COUNTY MAIN JAIL, Respondent. 16 Petitioner is proceeding without counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 19, 2019, the undersigned dismissed the petition with thirty days to file an amended petition. (ECF No. 8.) Thirty days passed, and petitioner did not file an amended petition. Accordingly, this action should be dismissed. On July 22, 2019, petitioner filed a motion for appointment of counsel. 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 require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find…

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