Pena v. Cate

Filing 30

ORDER signed by Senior Judge James K. Singleton on 11/28/2012 DENYING 26 Petitioner's Motion to Appoint Counsel; GRANTING 29 Petitioner's Motion for Extension of time; and Petitioner's time to respond to the answer is EXTENDED to 12/28/2012. (Reader, L)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MELVIN RICHARD PENA,
No. 2:11-cv-01003-JKS
Petitioner,
vs.

ORDER
[Re: Motions at Docket Nos. 26 and 29]

MATTHEW CATE, Secretary, California
Department of Corrections and
Rehabilitation,
Respondent.

At Docket No. 26, Melvin Richard Pena, a state prisoner appearing pro se, filed a Motion
to Appoint Counsel. Pena also filed a Motion to Extend the Time to File a Traverse at Docket
No. 29.
There is no constitutional right to counsel in federal habeas proceedings.1 Appointment
of counsel is not required in a habeas corpus proceeding in the absence of an order granting
discovery or an evidentiary hearing.2 This Court may appoint counsel under the Criminal Justice
Act in this case if the court determines that the interests of justice so require.3 This Court does
not so determine.
Pena has shown good cause to extend the time to respond to Respondent’s answer.

1

See Lawrence v. Florida, 549 U.S. 327, 336-37 (2007) (citing Coleman v. Thompson,
501 U.S. 722, 756-57 (1991)).
2
3

Rules Governing Section 2254 Cases in the U.S. Dist. Courts, Rules 6(a), 8(c) (2012).

28 U.S.C. § 2254(h); 18 U.S.C. § 3006A(a)(2)(B); see Weygandt v. Look, 718 F.2d 952,
954 (9th Cir. 1983) (“In deciding whether to appoint counsel in a habeas proceeding, the district
court must evaluate the likelihood of success on the merits as well as the ability of the petitioner
to articulate his claims pro se in light of the complexity of the legal issues involved.”).

IT IS THEREFORE ORDERED THAT the Motion to Appoint Counsel at Docket No.
26 is DENIED.
IT IS FURTHER ORDERED THAT the Motion for Extension of Time to File a
Traverse at Docket No. 29 is GRANTED. Pena’s time to respond to the answer is extended to
December 28, 2012.
Dated: November 28, 2012.
/s/ James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
United States District Judge

2