White v. Foulke

Filing 19

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/22/15 ORDERING that Petitioners request for appointment of counsel (ECF No. 17 ) is denied without prejudice; and Petitioners request for an extension of time (ECF No. 18 ) is granted and petitioner has 60 days from the date this order is served to file his traverse. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM WHITE,

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No. 2:15-cv-0041-JAM-EFB P

Petitioner,

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v.

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FRED FOULKE,

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ORDER

Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. On June 18, 2015, he requested that the court appoint 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). The court may appoint counsel at any stage of the proceedings

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“if the interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules

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Governing § 2254 Cases. The court does not find that the interests of justice would be served by

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the appointment of counsel at this stage of the proceedings.

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On June 18, 2015, he also requested an extension of time in which to file his traverse.
That request will be granted.

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Accordingly, it hereby is ORDERED that:

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1. Petitioner’s request for appointment of counsel (ECF No. 17) is denied without

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prejudice; and

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2. Petitioner’s request for an extension of time (ECF No. 18) is granted and petitioner has

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60 days from the date this order is served to file his traverse.

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Dated: June 22, 2015.

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