Andrade v Cate

Filing 43

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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ADRIAN FRANK ANDRADE,

12
13
14

No. 2:09-cv-02270 KJM AC P

Petitioner,
v.

ORDER

MATTHEW CATE,

15

Respondent.

16
17

Petitioner has requested the appointment of counsel. There currently exists no absolute

18

right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460

19

(9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage

20

of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.

21

In the present case, the court does not find that the interests of justice would be served by the

22

appointment of counsel at the present time.

23
24

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.

25

IT IS HEREBY ORDERED that:

26

1. Petitioner’s July 16, 2014 request for appointment of counsel (ECF No. 41) is denied

27
28

without prejudice.
2. Petitioner’s motion for an extension of time (ECF No. 42) is granted; and
1

1

3. Petitioner shall file and serve a supplemental traverse by no later than September 15,

2

2014.

3

DATED: August 4, 2014

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2