Lopez v. People of the State of California

Filing 19

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/30/15 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 shall file his traverse within 30 days. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESUS ANDRES LOPEZ,

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Petitioner,

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No. 2:15-cv-1756-EFB P

v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
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. He has requested that the court appoint counsel and for an extension of time to

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file his traverse.

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There currently exists no absolute right to appointment of counsel in habeas proceedings.

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See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The court may appoint counsel at any

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stage of the proceedings “if the interests of justice so require.” See 18 U.S.C. § 3006A; see also,

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Rule 8(c), Rules Governing § 2254 Cases. The court does not find that the interests of justice

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would be served by the appointment of counsel at this stage of the proceedings. However,

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

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shall file his traverse within thirty days.

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Dated: November 30, 2015.

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