Santana v. Frauenheim

Filing 14

ORDER signed by Magistrate Judge Deborah Barnes on 03/04/19 DENYING 13 Motion to Appoint Counsel and GRANTING 13 Motion for Extension of time. Petitioner shall file his opposition no later than 4/04/19. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CESAR SANTANA,

12

Petitioner,

13
14

No. 2:17-cv-1039 MCE DB P

v.

ORDER

SCOTT FRAUENHEIM,

15

Respondents.

16
17

Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus

18

under 28 U.S.C. § 2254. On January 25, 2019, respondent filed a motion to dismiss arguing the

19

petition should be dismissed as untimely. Petitioner has requested the appointment of counsel

20

and an extension of time to file a response to the motion to dismiss. (ECF No. 13.)
In support of his motion to appoint counsel petitioner argues the proceedings are complex.

21
22

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

23

Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes

24

the appointment of counsel at any stage of the case “if the interests of justice so require.” See

25

Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the

26

interests of justice would be served by the appointment of counsel at the present time.

27

////

28

////
1

1

Petitioner has additionally requested an extension of time to respond to the motion to

2

dismiss. Good cause appearing the court will grant petitioner additional time to file a response to

3

the motion to dismiss.

4

Accordingly, IT IS HEREBY ORDERED that:

5

1. Petitioner’s motion for appointment of counsel (ECF No. 13) is denied without

6

prejudice to a renewal of the motion at a later stage of the proceedings.
2. Petitioner’s motion for an extension of time to file a response to the motion to dismiss

7
8
9

is granted. Petitioner shall file his opposition no later than April 4, 2019.
Dated: March 4, 2019

10
11
12
13
14

DLB:12
DLB:1/Orders/Prisoner/Habeas.sant1039.110+111

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2