Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DON C. LIVINGSTON, No. 2:20-cv-0047 AC P Petitioner, v. ORDER PATRICK COVELLO, Warden, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. By order filed January 24, 2020, this court granted petitioner’s request to proceed in forma pauperis and directed respondent to respond to the petition. ECF No. 5. Petitioner now requests appointment of counsel on the ground, inter alia, that he will be entitled to such appointment if the court convenes an evidentiary hearing concerning his mental health status. Petitioner also requests an evidentiary hearing. These requests will be denied as premature. Petitioner is informed that there is no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). Under 18 U.S.C. § 3006A, the court may appoint counsel in a habeas…