Fisher

(HC) Dias v. Fisher

Good Law
United States District Court, Eastern District of CaliforniaApril 13, 20202:20-cv-00410California203 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HUMBERTO CASTILLO DIAS, No. 2:20-cv-0410 DB P Petitioner, V. ORDER RAYTHEL FISHER, Respondent. 16 Petitioner has requested the appointment of his state appellate attorney as counsel of 18 record in this federal habeas action. 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). 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 22 || present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that petitioner’s request for appointment of counsel (ECF No. 2) is denied without prejudice to a renewal of the motion at a later stage of the 26 …

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