Payne v. Paramo

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 5/5/15 ORDERING that the order to show cause 13 is VACATED; Respondents reply to petitioners opposition may be filed within seven days from the date of this order; and 14 Motion to Appoint Counsel is DENIED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDDIE PAYNE,

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No. 2:15-cv-0211 TLN KJN P
Petitioner,

v.

ORDER

PARAMO, Warden,
Respondent.

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Petitioner is a state prisoner, proceeding without counsel. On April 27, 2015, the court

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signed an order to show cause why petitioner’s failure to file an opposition to the motion to

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dismiss should not be deemed a waiver of any opposition to the granting of the motion. (ECF No.

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13.) However, on April 27, 2015, petitioner’s opposition to the motion was entered on the court’s

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docket. Therefore, the order to show cause is vacated. Respondent’s reply, if any, may be filed

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seven days from the date of this order.

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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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Accordingly, IT IS HEREBY ORDERED that

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1. The order to show cause (ECF No. 13) is vacated;

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2. Respondent’s reply to petitioner’s opposition may be filed within seven days from the

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date of this order; and
3. Petitioner’s request for appointment of counsel (ECF No. 14) is denied without

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prejudice.

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Dated: May 5, 2015

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/payn0211.110

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