(HC) Serratos v. People of the State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN SERRATOS, III., No. 2:18-cv-0077 KJN P Petitioner, v. ORDER PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent.

17 Petitioner is a state prisoner, proceeding in forma pauperis and through counsel. On May 4, 2020, petitioner’s counsel, retained for the limited purpose of filing a traverse, filed a motion to withdraw. Counsel Russell is retiring due to health issues, and counsel Campbell is unable to represent petitioner, going forward, on a pro bono basis. Good cause appearing, the motion to withdraw is granted. At this time, however, the court declines to appoint petitioner 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…