Willis v. People of the State of California et al

Filing 10

ORDER signed by Magistrate Judge Dale A. Drozd on 3/17/2015 GRANTING the 9 motion for an extension of time and petitioner has 30 days to file an amended petition in compliance with the court's 2/5/2015 order; and petitioner's 8 motion for appoint of counsel is DENIED without prejudice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CORNELL WYLE WILLIS,

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Petitioner,

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v.

No. 2:14-cv-2292 DAD P

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA, et al.
Respondents.

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Petitioner is a state prisoner proceeding pro se with an application for writ of habeas

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corpus under 28 U.S.C. § 2254. He requests additional time in which to file an amended petition

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pursuant to the court’s order of February 5, 2015. Good cause appearing, the request will be

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granted.

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Petitioner has also 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. Here, the court does not find that the interests of justice would be served by the

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appointment of counsel at present.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The motion for an extension of time (ECF No. 9) is granted. Petitioner has thirty days

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from the date of this order in which to file an amended petition in compliance with the court’s

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order of February 5, 2015.

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2. Petitioner’s motion for appointment of counsel (ECF No. 8) is denied without

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prejudice to a renewal of the motion at a later stage of the proceedings.

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Dated: March 17, 2015

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hm
will2292.ord

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