Honable v. Warden

Filing 28

ORDER signed by Magistrate Judge Kendall J. Newman on 03/25/14 denying 26 Motion to Appoint Counsel. Petitioner may file an amended opposition on or before 05/07/14; respondent's reply is due 7 days thereafter. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS HONABLE,

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No. 2:13-cv-1203 JAM KJN P

Petitioner,
v.

ORDER

M. D. MCDONALD,
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.

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On March 14, 2014, petitioner filed a three page opposition to respondent’s motion to

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dismiss. In his opposition, petitioner claimed that he had not received a response to his February

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request for extension of time to file an opposition, and therefore was not able to fully research his

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opposition and was forced to send off his response to avoid “going into default.” (ECF No. 27 at

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3.) However, petitioner’s request for a sixty-day extension of time was granted on March 7,

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2014. It appears that the order granting the extension of time may have crossed in the mail with
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petitioner’s opposition which was signed on March 11, 2014. Petitioner is advised that his

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extension of time is still in effect; thus, he may file an amended opposition to respondent’s

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motion to dismiss on or before May 7, 2014. Respondent’s reply is due seven days thereafter.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for appointment of counsel (ECF No. 26) is denied without

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prejudice; and
2. Petitioner may file an amended opposition on or before May 7, 2014; respondent’s

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reply is due seven days thereafter.

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Dated: March 25, 2014

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/hona1203.110

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