Morris v. Arnold

Filing 20

ORDER signed by Magistrate Judge Deborah Barnes on 07/11/18 ORDERING within 10 days of the date of this order, respondent shall file a response to petitioner's request for a copy of the amenability report identified in the answer. Petitioner� 39;s request for an extension of time to file a traverse 19 is GRANTED. The court will set a due date for petitioner's traverse after it has resolved the question of petitioner's right to a copy of the amenability report. Petitioner's motion for appointment of counsel 14 is DENIED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIO MORRIS,

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No. 2:18-cv-0292 DB P

Petitioner,

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v.

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ERIC ARNOLD,

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ORDER

Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a

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writ of habeas corpus under 28 U.S.C. § 2254. Petitioner has requested a copy of the

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“Amenability Report,” which respondent refers to in his answer. (ECF No. 19.) In addition,

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petitioner requests an extension of time to file the traverse and appointment of counsel. (ECF

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Nos. 14, 19.)

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Petitioner asks the court to provide a copy of the Amenability Report. However, it does

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not appear to have been provided with the state court record submitted by respondent with the

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answer and therefore is not available to the court. If available, that report would have to be

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provided by respondent. Respondent will be ordered to respond to petitioner’s request for a copy

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of the report. The court will also grant petitioner’s motion for an extension of time to file a

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traverse until this issue is resolved.

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With respect to petitioner’s motion for the appointment of counsel, petitioner is informed
that there is no absolute right to appointment of counsel in habeas proceedings. See Nevius v.
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Sumner, 105 F.3d 453, 460 (9th Cir. 1996). Although 18 U.S.C. § 3006A authorizes the

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appointment of counsel at any stage of a habeas proceeding “if the interests of justice so require,”

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see Rule 8(c), Fed. R. Governing § 2254 Cases, the court finds that the interests of justice do not

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require appointment of counsel in this case at the present time. Petitioner’s motion will be denied

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without prejudice to a renewal of the motion, if appropriate, at a later stage of these proceedings.

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Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows:

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Within ten days of the date of this order, respondent shall file a response to

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petitioner’s request for a copy of the Amenability Report identified in the answer.

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2. Petitioner’s request for an extension of time to file a traverse (ECF No. 19) is granted.

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The court will set a due date for petitioner’s traverse after it has resolved the question

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of petitioner’s right to a copy of the Amenability Report.

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3. Petitioner’s motion for the appointment of counsel (ECF No. 14) is denied.
Dated: July 11, 2018

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DLB:9
DB/prisoner-habeas/morr0292.111

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