Pickett

(HC) Gabaldon v. Pickett

Good Law
United States District Court, Eastern District of CaliforniaJanuary 19, 20212:20-cv-02489California209 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENERITO FELIPE GABALDON, No. 2:20-cv-2489-EFB P Petitioner, V. ORDER J. PICKETT, Warden, Respondent. 16 Mr. Gabaldon is a state prisoner without counsel. He has requested that the court appoint 18 counsel. There currently exists no absolute right to appointment of counsel in habeas 19 || proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The court may appoint 20 || counsel at any stage of the proceedings “if the interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing § 2254 Cases. The court does not find that the 22 || interests of justice would be served by the appointment of counsel at this stage of the proceedings. || As noted in the court’s December 21, 2020 order (ECF No. 4), Mr. Gabaldon has yet to properly 24 || commence this action. Accordingly, it hereby is ORDERED that Mr. Gabaldon’s request for appointment of 26 || counsel…

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