(HC) Thompson v. Spearman

Filing 30

ORDER signed by Magistrate Judge Deborah Barnes on 4/26/2021 GRANTING 29 Motion for Extension of Time; DENYING 29 Motion to Appoint Counsel without prejudice; and ORDERING Petitioner to file and serve his response to 25 Motion to Dismiss within 30 days from the date of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KANE MICHAEL THOMPSON,

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No. 2:19-cv-2328 KJM DB P

Petitioner,
v.

ORDER

M.E. SPEARMAN,
Respondent.

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

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writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his 2017 conviction in

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Sacramento County Superior Court. Respondent has filed a motion to dismiss. (ECF No. 25.)

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Petitioner has requested the appointment of counsel. (ECF No. 29.) There currently

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exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner,

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105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of

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counsel at any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R.

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Governing § 2254 Cases. In the present case, petitioner has filed motions and responded to court

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orders. (See, e.g. ECF Nos. 2, 13, 14, 18.) Additionally, petitioner has properly filed a petition

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for writ of habeas corpus which claims violations of constitutional rights which, if proved, may

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entitle him to relief. (ECF No. 20.) Thus, the court does not find that the interests of justice

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would be served by the appointment of counsel at the present time.
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Petitioner has also requested an extension of time to file and serve a response to

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respondent’s January 4, 2021 motion to dismiss. (ECF No. 29.) Petitioner requests this extension

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as he was recently hospitalized, placed in quarantine, and transferred to another facility. (ECF

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No. 29 at 2.) Good cause appearing, petitioner’s motion for extension of time will be granted.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for appointment of counsel (ECF No. 29) is denied without

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prejudice to a renewal of the motion at a later stage of the proceedings;

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2. Petitioner’s motion for an extension of time (ECF No. 29) is granted; and

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3. Petitioner shall file and serve his response to respondent’s motion to dismiss (ECF No.

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25) within thirty days from the date of this order.

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Dated: April 26, 2021

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DB:14

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DB:1/Orders/Prisoner/Habeas/R/thom2328.110+111(2)

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