Tyes v. McDonald

Filing 15

ORDER signed by Magistrate Judge John F. Moulds on 4/24/2012 ORDERING that petitioner's 13 motion for appointment of counsel is DENIED without prejudice; petitioner's 12 motion for an extension of time is GRANTED; and petitioner has up to and including 5/14/2012 in which to file a traverse.(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JARRELL MARVEL TYES,
Petitioner,

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No. 2:12-cv-0216 GEB JFM (HC)

vs.
M. D. MCDONALD,
Respondent.

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ORDER
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Petitioner is a state prisoner proceeding pro se with an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On April 11, 2012, petitioner filed a motion for the

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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©, 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 at the

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present time.

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On the same day, petitioner filed a motion for an extension of time to file a
traverse. Good cause appearing, that motion will be granted.
In accordance with the above, IT IS HEREBY ORDERED that:
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1. Petitioner’s April 11, 2012 motion for appointment of counsel is denied

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without prejudice;

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2. Petitioner’s April 11, 2012 motion for an extension of time is granted; and

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3. Petitioner is granted up to and including May 14, 2012, in which to file a

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traverse.

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DATED: April 24, 2012.

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12/kly
tyes0216.110+111

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