Medlyn v. Barnes

Filing 21

ORDER signed by Magistrate Judge Dale A. Drozd on 07/14/11 ordering petitioner's 06/29/11 motion to proceed in forma pauperis 18 is denied as unnecessary. Petitioner's 06/29/11 motion for appointment of counsel 19 is denied. Petitioner's motion for extension of time 20 is granted. Petitioner shall file and serve a traverse within 30 days from the date 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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STEVEN MICHAEL MEDLYN,

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Petitioner,

No. CIV S-11-0898 DAD P

Respondent.

ORDER

vs.
R. BARNES,

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Petitioner is a state prisoner proceeding pro se with an application for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
On June 29, 2011, petitioner filed a motion to proceed in forma pauperis and a

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motion for appointment of counsel. Petitioner has already been granted leave to proceed in

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forma pauperis. See Order filed April 21, 2011. Petitioner’s June 29, 2011 motion to proceed in

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forma pauperis is unnecessary and will therefore be denied.

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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. Accordingly, petitioner’s motion for appointment of counsel will be denied.
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Finally, on July 7, 2011, petitioner filed a motion for an extension of time to file a
travers. Good cause appearing, that motion will be granted.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner’s June 29, 2011 motion to proceed in forma pauperis (Doc. No. 18)

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is denied as unnecessary;

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2. Petitioner’s June 29, 2011 motion for appointment of counsel (Doc. No. 19) is
denied;

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3. Petitioner’s July 7, 2011 motion for extension of time (Doc. No. 20) is granted;
and

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4. Petitioner shall file and serve a traverse within thirty days from the date of this

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order.

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DATED: July 14, 2011.

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DAD:12:mp
medl0898.111

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