(HC) Gazaway v. State of CA

Good Law
United States District Court, Eastern District of CaliforniaMay 9, 20242:23-cv-00699California258 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRALD D. GAZAWAY, No. 2:23-CV-0699-WBS-DMC-P Petitioner, v. ORDER STATE OF CALIFORNIA, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s renewed motion for the appointment of counsel. See ECF No. 24. 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. / / / / / / / / / ] Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for…

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