Gentry v. Grounds

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/13 DENYING 21 Motion to Appoint Counsel. Petitioner is granted thirty days from the date of this order in which to file a reply to respondents answer. No further extensions will be granted. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY WAYNE GENTRY,

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Petitioner,

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v.

No. 2:13-cv-0142 WBS KJN P

ORDER

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RANDY GROUNDS, Warden,

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Respondent.

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

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right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460

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

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of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.

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In the present case, the court does not find that the interests of justice would be served by the

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appointment of counsel at the present time.
Petitioner will be granted one final extension of time in which to file his reply to

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respondent’s answer.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for appointment of counsel (ECF No. 21) is denied without

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prejudice to a renewal of the motion at a later stage of the proceedings; and

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2. Petitioner is granted thirty days from the date of this order in which to file a reply to

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respondent’s answer. No further extensions will be granted.

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Dated: October 4, 2013

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gent0142.110

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