Love v. Hartley

Filing 17

ORDER signed by Magistrate Judge John F. Moulds on 1/30/13 ORDERING that petitioners January 18, 2013, request for appointment of counsel 16 is DENIED without prejudice; Petitioner's January 18, 2013 request for an extension of time 16 is GRANTED; and Petitioner is granted 30 days from the date of this order in which to file a response to the October 23, 2012 motion to dismiss. No further extensions of time will be granted. (Dillon, 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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CARL R. LOVE,
Petitioner,

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vs.

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No. 2:12-cv-1914 JFM (HC)

JAMES D. HARTLEY, Warden,
Respondents.

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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 January 18, 2013, petitioner filed a motion for

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appointment of counsel and for a second extension of time to file a response to respondents’

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October 23, 2012 motion to dismiss.
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.

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/////
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Good cause appearing, petitioner’s motion for extension of time will be granted.

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No further extensions of time will be granted.

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

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1. Petitioner’s January 18, 2013, request for appointment of counsel (Docket No.

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16) is denied without prejudice;
2. Petitioner's January 18, 2013 request for an extension of time (Docket No. 16)

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is granted; and
3. Petitioner is granted thirty days from the date of this order in which to file a

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response to the October 23, 2012 motion to dismiss. No further extensions of time will be

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granted.

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DATED: January 30, 2013.

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