Robinson v. Cate

Filing 23

ORDER signed by Magistrate Judge Craig M. Kellison on 04/05/11 ordering petitioner's request for an extension of time 20 is granted. Petitioner is granted up to and including 04/25/11 in which to file a response to the answer to petition. Petitioner's request for the appointment of counsel is denied. (Plummer, M)

-CMK (TEMP)(HC) Robinson v. Cate

Doc. 23

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. MATTHEW CATE, Respondent. / Petitioner has requested an extension of time to file a traverse. Good cause appearing, that request will be granted. Petitioner has also requested the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time. ///// ///// ///// ///// ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CLARK ROBINSON, Petitioner, No. CIV-S-10-2089 LKK CMK (TEMP) P

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kc/kly robi2089.111

Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's request for an extension of time (Docket No. 20) is granted; 2. Petitioner is granted up to and including April 25, 2011, in which to file a response to the answer to the petition; and 3. Petitioner's request for the appointment of counsel is denied.

DATED: April 5, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE