Leonard v. Hartley

Filing 58

ORDER signed by Magistrate Judge Craig M. Kellison on 5/9/2014 DENYING petitioner's 55 request for the appointment of counsel ; GRANTING petitioner's 54 request for an extension of time; and petitioner may file a traverse within 30 days. (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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DAVID G. LEONARD,

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No. 2:12-CV-2161-MCE-CMK-P

Petitioner,
vs.

ORDER

JAMES HARTLEY,
Respondent.
/
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court are petitioner’s requests

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for an extension of time to file a traverse and appointment of counsel.

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Turning first to petitioner’s request for appointment of counsel, there currently

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exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner,

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105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of

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counsel at any stage of the case “if the interests of justice so require.” See Rule 8©, Fed. R.

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Governing § 2254 Cases. In the present case, the court does not find that the interests of justice

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would be served by the appointment of counsel. Specifically, the reasons cited by petitioner –

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difficulty obtaining access to the prison law library and difficulty receiving mail – do not warrant
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appointment of counsel but, as appropriate, may establish good cause for an extension of time.
Turning to petitioner’s request for an extension of time, the court finds that good

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cause has been shown and will grant the request. Petitioner may file a traverse within 30 days of

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the date of this order.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Petitioner’s request for the appointment of counsel is denied;

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2.

Petitioner’s request for an extension of time is granted; and

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3.

Petitioner may file a traverse within 30 days of the date of this order.

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DATED: May 9, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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