Blount v. Kernan

Filing 34

ORDER GRANTING Petitioner's 33 Motion for Extension of Time; ORDER DENYING Motion for Appointment of Counsel, signed by Magistrate Judge Sheila K. Oberto on 9/24/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRIN LEE BLOUNT,

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No. 1:16-cv-01653-DAD-SKO (HC)

Petitioner,

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ORDER GRANTING PETITIONER’S
MOTION FOR EXTENSION OF TIME

v.
DAVID DAVEY,

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Respondent.

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 33)

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On September 21, 2018, Petitioner, Tyrin Lee Blount, filed a motion for an extension of

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time to file objections to the Court’s Findings and Recommendations. By declaration, Petitioner

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states he needs an extension of time to access the prison’s law library.

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Good cause having been shown, the Court hereby ORDERS that the time for Petitioner to
file objections to the Findings and Recommendations in the above-captioned case shall be extended
for 30 days to October 22, 2018.

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Petitioner also requests the court appoint counsel. In federal habeas proceedings, no

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absolute right to appointment of counsel currently exists. See, e.g., Anderson v. Heinze, 258 F.2d

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479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). Nonetheless, a court

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may appoint counsel at any stage of the case "if the interests of justice so require." 18 U.S.C. §

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3006A(a)(2)(B); Rule 8(c), Rules Governing Section 2254 Cases.

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Petitioner contends that the Court should appoint counsel based on Petitioner’s limited

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library access, lack of knowledge of the law, and the complexity of the case. Because nearly all
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prisoners share these characteristics, Petitioner, who has competently submitted a petition, alleges
no basis by which the Court may appoint counsel on his behalf.

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Petitioner's motion for appointment of counsel is hereby DENIED.

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IT IS SO ORDERED.

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Dated:

September 24, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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