Schinkel v. Board of Parole Hearings

Filing 11

ORDER signed by Magistrate Judge Dale A. Drozd on 10/26/09 ORDERING respondent to file a response to the 10/21/09 second amended petition w/in 60 days; reply due w/in 30 days of answer; if response is a motion, opposition or statement of non-oppositi on due w/in 30 days of motion, reply due w/in 15 days thereafter; the clerk to serve a copy of this order, a copy of the 10/21/09 second amended petition and the Order re Consent on the Attorney General; and petitioner's 10 motin for appointment of counsel is DENIED. (cc: Michael Farrell)(Yin, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. BOARD OF PAROLE HEARINGS, Respondent. / Petitioner is a state prisoner proceeding pro se. In accordance with the court's October 9, 2009 order, petitioner has filed a second amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response to petitioner's habeas petition. Petitioner has also filed a motion for 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. 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL E. SCHINKEL, Petitioner, No. CIV S-09-2247 DAD P

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DAD:9 schi2247.100

In accordance with the above, IT IS HEREBY ORDERED that: 1. Respondent is directed to file a response to petitioner's October 21, 2009 second amended habeas petition within sixty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An answer shall be accompanied by all transcripts and other documents relevant to the issues presented in the petition. See Rule 5, Fed. R. Governing § 2254 Cases; 2. If the response to the habeas petition is an answer, petitioner's reply, if any, shall be filed and served within thirty days after service of the answer; 3. If the response to the habeas petition is a motion, petitioner's opposition or statement of non-opposition to the motion shall be filed and served within thirty days after service of the motion, and respondent's reply, if any, shall be filed and served within fifteen days thereafter; 4. The Clerk of the Court shall serve a copy of this order, a copy of the October 21, 2009 second amended habeas petition, and a copy of the form regarding consent or request for reassignment on Michael Patrick Farrell, Senior Assistant Attorney General; and 5. Petitioner's October 21, 2009 motion for appointment of counsel (Doc. No. 10) is denied. DATED: October 26, 2009.

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