Pollard

(HC) Romero v. Pollard

Good Law
United States District Court, Eastern District of CaliforniaJune 25, 20212:21-cv-00291California451 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARIUS ROMERO, No. 2:21-cv-0291 AC P Petitioner, v. ORDER MARCUS POLLARD, WARDEN, Respondent. 16 Petitioner in this habeas corpus action has requested the appointment of counsel. ECF No. 13. In support of the motion, petitioner states that he is indigent. He also claims that “when a court issues an order to show cause, counsel must be appointed for an indigent petitioner.” See id. at 2. There currently exists no absolute right to appointment of counsel in federal 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, petitioner’s indigence does not warrant the appointment of counsel. See, e.g., Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984) (finding court was within its 27 …

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