Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK RENE ROSILES, No. 2:17-cv-02600 KJM GGH P Petitioner, v. ORDER C. PFEIFFER, Respondent. 16 Petitioner has requested the appointment of counsel based on his mental impairment. ECF No. 45. 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 its August 23, 2019 findings and recommendations, the court determined that petitioner’s allegations failed to demonstrate that his mental impairments were the but-for cause for his delay in filing a timely federal habeas petition. See ECF No. 44. Accordingly, the court does not find that the interests of justice would be served here, by the appointment of counsel at the present time. //// //// ////…