Sevchuck v. Cate

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/23/13 ORDERING that Petitioners request for an extension of time to file his traverse 15 is granted. Petitioner shall file his traverse within 30 days of this order. Petitioners request t hat the court direct CDCR personal at [the Sierra Conservation Center] to stop preventing CDCR prisoner Eric Knapp from receiving mail from petitioners Sevchucks family which contains Petitioners case-related legal materials is denied. Petitioners request for the appointment of counsel is denied. Petitioners request that Mr. Eric Knapp be identified as petitioners next friend is denied.(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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GENNADIY SEVCHUCK,

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Petitioner,

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vs.

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No. 2:12-cv-2857 KJM CKD P

MATHEW CATE,

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Respondent.

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ORDER
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Petitioner is a California petitioner proceeding pro se with an application for writ

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of habeas corpus under 28 U.S.C. § 2254. He has requested an extension of time to file his

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traverse. Good cause appearing, that request will be granted.

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Petitioner also requests that the court “direct CDCR personal at [the Sierra

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Conservation Center] to stop preventing CDCR prisoner Eric Knapp from receiving mail from

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petitioner’s Sevchuck’s family which contains Petitioner’s case-related legal materials.”

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Apparently, Mr. Knapp has been assisting petitioner with his traverse. The court will not grant

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petitioner the order he requests at this point, as it does not appear that whatever problems he is

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experiencing with CDCR staff are permanent. As indicated above, the court will grant petitioner

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an extension of time to file his traverse. If, at some point, it appears that staff are stopping

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petitioner from filing a traverse as opposed to causing reasonable delay related to prison

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management, the court will consider entering an order concerning the conduct of staff.

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Petitioner has requested the appointment of counsel. There currently exists no

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absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d

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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at

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any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing

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

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served by the appointment of counsel at the present time.

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Finally, petitioner requests that Mr. Knapp be recognized as petitioner’s “next

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friend.” One of the requirements for appointing a “next friend” is that the person seeking to be

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the “next friend” be “truly dedicated to the best interests of the person on whose behalf he seeks

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to litigate, . . . and it has been further suggested that a ‘next friend’ must have some significant

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relationship with the real party in interest.” Whitmore v. Arkansas, 495 U.S. 149, 163-64 (1990).

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There has not been a showing that petitioner and Mr. Knapp have the sort of relationship

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warranting Mr. Knapp’s appointment as “next friend.”

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

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1. Petitioner’s request for an extension of time to file his traverse (Dkt. No. 15)

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is granted.

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2. Petitioner shall file his traverse within 30 days of this order.

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3. Petitioner’s request that the court “direct CDCR personal at [the Sierra

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Conservation Center] to stop preventing CDCR prisoner Eric Knapp from receiving mail from

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petitioner’s Sevchuck’s family which contains Petitioner’s case-related legal materials” is denied.

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4. Petitioner’s request for the appointment of counsel is denied.

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5. Petitioner’s request that Mr. Eric Knapp be identified as petitioner’s “next

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friend” is denied.
Dated: April 23, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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sevc2857.111

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