(HC) Sheets v. Kathleen Allison

Good Law
United States District Court, Eastern District of CaliforniaNovember 8, 20212:21-cv-00301California327 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL DEAN SHEETS, No. 2:21-CV-0301-JAM-DMC-P Petitioner,

ORDER

v. KATHLEEN ALLISON, Respondent. 16 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court are Petitioner’s motions, ECF Nos. 12 and 13, 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. In the present case, the Court does not find that the interests of justice would be served by the appointment of counsel at the present time. Petitioner states that appointment of counsel is warranted because it does not understand the law and because he has limited law library access. …

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