Donias v. Fisher

Filing 49

ORDER signed by Magistrate Judge Dennis M. Cota on 8/22/2019 GRANTING petitioner's 47 , 48 motions for an extension of time and DENYING petitioner's 48 motion for the appointment of counsel. Petitioner may file a traverse within 30 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARC ANTHONY DONIAS,

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Petitioner,

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No. 2:16-CV-2674-DMC-P

v.

ORDER

RAYTHEL FISHER,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court are petitioner’s motion (1)

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for an extension of time to file a traverse (ECF No. 47) and (2) for an extension of time to file a

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traverse and for appointment of counsel (ECF No. 48).
Good cause appearing therefor, petitioner’s motions for an extension of time to file

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a traverse will be granted. Petitioner may file a traverse within 30 days of the date of this order.
There currently exists no absolute right to appointment of counsel in habeas

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proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C.

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§ 3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice

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so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does

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not find that the interests of justice would be served by the appointment of counsel.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Petitioner’s motions for an extension of time to file a traverse (ECF Nos.

47 and 48) are granted;

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2.

Petitioner may file a traverse within 30 days of the date of this order; and

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3.

Petitioner’s motion for the appointment of counsel (ECF No. 48) is denied.

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Dated: August 22, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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