Perry v. Fox

Filing 17

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/13/2018 DENYING without prejudice 16 Request for Appointment of Counsel and GRANTING 16 Motion for Extension of Time. Petitioner's traverse, if any, to be filed within 30 days. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JACK PERRY,

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No. 2:18-cv-0718-MCE-EFB P
Petitioner,

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v.

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ROBERT FOX,

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ORDER

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. 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). The court may appoint

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counsel at any stage of the proceedings “if the interests of justice so require.” See 18 U.S.C. §

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3006A; see also, Rule 8(c), Rules Governing § 2254 Cases. The court does not find that the

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interests of justice would be served by the appointment of counsel at this stage of the proceedings.
Accordingly, it hereby is ORDERED that petitioner’s request for appointment of counsel

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(ECF No. 16) is denied without prejudice. Petitioner is, however, granted an extension of time

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within which to file his traverse. Petitioner’s traverse, if any, shall be filed within thirty (30)

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days.

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Dated: September 13, 2018.

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