Fox
(HC) Scott v. Fox
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 without counsel, in this closed case, which is presently on appeal. On September 3, 2020, petitioner renewed his request for 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. On August 19, 2020, the district court denied the petition for writ of habeas corpus, and declined to grant a certificate of appealability. Therefore, the court does not find that the interests of justice would be served by the appointment of counsel. On September 3, 2020, petitioner also filed a motion…