Heredia v. Martel

Filing 27

ORDER signed by Magistrate Judge Craig M. Kellison on 5/12/11 GRANTING 25 Motion for Extension ; Petitioners traverse is due within 45 days of the date of this order; and DENYING 26 Motion to Appoint Counsel. (Dillon, 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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AARON AUGUSTINE HEREDIA,

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Petitioner,

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No. CIV S-10-0693-GEB-CMK-P

vs.

ORDER

MICHAEL MARTEL,

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Respondent.

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/

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court are petitioner’s:

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(1) motion for an extension of time to file a traverse (Doc. 25); and (2) motion for appointment

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of counsel (Doc. 26).

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Petitioner seeks a 45-day extension of time to file a traverse. Good cause

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appearing therefor, the request is granted. Petitioner may file a traverse within 45 days of the

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date of this order.

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Petitioner also seeks the appointment of counsel. There currently exists no

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

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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at

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

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§ 2254 Cases. In the present case, the court does not find that the interests of justice would be

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served by the appointment of counsel. Further requests for the appointment of counsel will not

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be considered.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Petitioner’s motion for an extension of time (Doc. 25) to file a traverse is

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2.

Petitioner’s traverse is due within 45 days of the date of this order; and

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3.

Petitioner’s motion for appointment of counsel (Doc. 26) is denied.

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granted;

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DATED: May 12, 2011
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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