Garcia v. Clark

Filing 134

ORDER signed by Magistrate Judge Dale A. Drozd on 10/9/12 ORDERING that petitioners October 3, 2012, request for appointment of counsel 133 is DENIED; Petitioner's October 3, 2012 request for an extension of time 132 is GRANTED; and Petitioner is granted 30 days from the date of this order in which to file objections to the September 19, 2012 findings and recommendations. (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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MARIO FLAVIO GARCIA,
Petitioner,

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vs.

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No. 2:10-cv-0968 GEB DAD P

KEN CLARK, Warden,
Respondents.

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ORDER
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Petitioner has requested 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 at the present time.

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In addition, petitioner has filed a request for an extension of time to file objections

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to the court’s September 19, 2012 findings and recommendations recommending that his petition

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for federal habeas relief be denied. Good cause appearing, the request will be granted.

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/////

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s October 3, 2012, request for appointment of counsel (Docket No.

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133) is denied;
2. Petitioner's October 3, 2012 request for an extension of time (Docket No. 132)

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is granted; and
3. Petitioner is granted thirty days from the date of this order in which to file

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objections to the September 19, 2012 findings and recommendations.

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DATED: October 9, 2012.

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DAD:md
garc0968.110+111

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