Koenig
(HC) Koenig v. Koenig
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES STANLEY KOENIG, No. 2:21-CV-1145-TLN-DMC-P Petitioner,
ORDER
v. C. KOENIG, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner’s third motion for the appointment of counsel, ECF No. 32. 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. The docket reflects that Petitioner has been able to successfully amend his petition to assert only unexhausted claims, and that Respondent has filed an answer on the merits of…