Andrade v Cate
Filing
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ORDER signed by Magistrate Judge Allison Claire on 08/04/14 denying 41 Motion to Appoint Counsel and granting 42 Motion for Extension of time. Petitioner shall file and serve a supplemental traverse by no later than 09/15/14. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ADRIAN FRANK ANDRADE,
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No. 2:09-cv-02270 KJM AC P
Petitioner,
v.
ORDER
MATTHEW CATE,
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Respondent.
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Petitioner has requested the appointment of counsel. There currently exists no absolute
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right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460
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(9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage
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of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.
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In the present case, the court does not find that the interests of justice would be served by the
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appointment of counsel at the present time.
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Petitioner has also requested an extension of time to file and serve a supplemental traverse
pursuant to the June 30, 2014 order. The court finds good cause to grant the extension.
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IT IS HEREBY ORDERED that:
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1. Petitioner’s July 16, 2014 request for appointment of counsel (ECF No. 41) is denied
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without prejudice.
2. Petitioner’s motion for an extension of time (ECF No. 42) is granted; and
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3. Petitioner shall file and serve a supplemental traverse by no later than September 15,
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2014.
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DATED: August 4, 2014
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