Bassett v. People of the State of California et al

Filing 53

ORDER signed by Magistrate Judge Allison Claire on 10/21/2014 DENYING petitioner's 51 untimely request for appointment of counsel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD DEWAYNE BASSETT,

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No. 2:11-cv-1592 TLN AC P

Petitioner,
v.

ORDER

MIKE McDONALD, Warden, et al.,
Respondents.

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The answer in this habeas proceeding was filed on November 14, 2013. A first extension

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of time to file a traverse was granted on January 7, 2014, in response to petitioner’s claims that he

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had been separated from his property and denied law library access. ECF No. 47. On March 20,

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2014, petitioner was granted another extension of time, and cautioned that failure to file a traverse

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within thirty days would result in the matter being deemed submitted. ECF No. 50. No traverse

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having been filed, the case has been submitted for decision since April 21, 2014.

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On August 14, 2014, nearly four months later, petitioner filed a belated request for

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appointment of counsel. There currently exists no absolute right to appointment of counsel in

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habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18

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U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case “if the interests of

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justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court

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does not find that the interests of justice would be served by the appointment of counsel.
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Accordingly, IT IS HEREBY ORDERED that petitioner’s untimely request for

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appointment of counsel, ECF No. 51, is DENIED.

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DATED: October 21, 2014

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