(HC) Johnson v. St. Andre

Filing 18

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/29/24 ORDERING that within 5 days, respondent shall either re-serve the motion to dismiss or file an opposition to petitioner's request for re-service. The deadline for filing an opposition to the motion to dismiss is VACATED. Petitioner's 17 request for the appointment of counsel is DENIED. (Salmeron, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALWIN DWAYNE JOHNSON, JR.,

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No. 2:24-cv-0562 KJM CKD P

Petitioner,
v.

ORDER

ROB ST. ANDRE,
Respondent.

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On July 2, 2024, the court asked that respondent re-serve the June 4, 2024, motion to

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dismiss upon petitioner. The record reflects that the motion was re-served on July 3, 2024.

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Petitioner indicates that, again, he did not receive it. Petitioner has asked that respondent serve

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the document a third time. Good cause appearing, respondent will be granted five days within

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which to either re-serve the motion to dismiss or file an opposition to petitioner’s request for re-

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service. The deadline for petitioner to file an opposition will be temporarily vacated.

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Petitioner has requested the appointment of counsel. There currently exists no absolute

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right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460

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(9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage

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of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases.

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In the present case, the court does not find that the interests of justice would be served by the

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appointment of counsel at the present time.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Within 5 days, respondent shall either re-serve the motion to dismiss or file an

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opposition to petitioner’s request for re-service.

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2. The deadline for filing an opposition to the motion to dismiss is vacated.

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3. Petitioner’s request for the appointment of counsel, ECF No. 17, is denied.

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Dated: August 29, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/ks
john0562.110+111

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