Koenig

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIS DAVIS, No. 2:19-CV-2199-WBS-DMC-P Petitioner, v. ORDER CRAIG KOENING, et al., Respondent. 16 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Before the Court is Petitioner’s motion for counsel. ECF No. 17. Petitioner submitted his motion as part of a “motion for rehearing” after Respondent filed a motion to dismiss the petition for a writ of habeas corpus. The Court construes the “motion for rehearing” not as a motion, but as an opposition Respondent’s motion to dismiss. There is no absolute constitutional right to appointment of counsel in habeas proceedings. See Lawrence v. Florida, 549 U.S. 327, 336–37 (2007); Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). If discovery or an evidentiary hearing is warranted, the Court may appoint counsel. See Fed. R. Governing Section 2254 Cases, Rules 6(a), 8(c). Additionally, the…