Fox

(HC) Scott v. Fox

Good Law
United States District Court, Eastern District of CaliforniaApril 21, 20202:18-cv-02687California365 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LADONTE SCOTT, No. 2:18-cv-2687 TLN KJN P Petitioner, v. ORDER ROBERT W. FOX, Respondent. 16 Petitioner is a state prisoner, proceeding pro se. Petitioner has requested the 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 that the interests of justice would be served by the appointment of counsel at the present time. On April 13, 2020, petitioner filed a request to expedite these proceedings, and inquired whether the court has received his traverse. Petitioner is advised that his traverse was filed on January 6, 2020, and his case is now submitted for decision. …

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