West v. Dickinson

Filing 79

ORDER signed by Magistrate Judge Dale A. Drozd on 02/01/12 denying 77 Motion to Appoint Counsel and granting 78 Motion for Extension of time. Petitioner shall file and serve a traverse within 30 days of the date of service of this order. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MACK A. WEST, JR.,

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Petitioner,

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No. CIV S-09-3147 KJM DAD P

vs.
KATHLEEN DICKINSON, Warden,

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Respondent.

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ORDER
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Petitioner has requested the appointment of counsel. As the court previously

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advised petitioner, there currently exists no absolute right to appointment of counsel in habeas

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proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C.

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§ 3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice

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so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does

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not find that the interests of justice would be served by the appointment of counsel at the present

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time.

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Petitioner has also requested an extension of time to file and serve his traverse.

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Good cause appearing, the court will grant petitioner’s request.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for appointment of counsel (Doc. No. 77) is denied;

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2. Petitioner’s motion for extension of time (Doc. No. 78) is granted; and

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3. Petitioner shall file and serve a traverse within thirty days of the date of service

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of this order.

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DATED: February 1, 2012.

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DAD:9:mp
west3147.110+111t

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