Preston v. Lattimer

Filing 17

ORDER by Judge William Alsup denying 12 Motion to Appoint Counsel ; denying 15 Motion for Leave to Proceed in forma pauperis; granting 16 Motion for Extension of Time to Answer (Attachments: # 1 Certficate of Service) (dt, COURT STAFF) (Filed on 4/15/2010)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DIANNA PRESTON, aka DONNA MAE PRESTON, Petitioner, v. MARY LATTIMER, Warden, Respondent. / No. C 09-2262 WHA (PR) ORDER GRANTING EXTENSION OF TIME; DENYING MOTION FOR APPOINTMENT OF COUNSEL AND REQUEST FOR LEAVE TO PROCEED IN FORMA PAUPERIS United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Docket Nos. 12, 15, 16) Good cause appearing, respondent's motion for an extension of time, to and including May 14, 2010, in which to file an answer (docket number 16) is GRANTED. If petitioner wishes to file a traverse, she shall do so within thirty days of the date the answer is filed. Petitioner's motion for appointment of counsel (docket number 12) is DENIED. Petitioner has presented his claims adequately in the petition, and they are not particularly complex. The interests of justice do not require appointment of counsel at this stage of the case. As petitioner has paid the filing fee, her application to proceed in forma pauperis (docket number 15) is DENIED as moot. IT IS SO ORDERED. Dated: April 13 , 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE G:\PRO-SE\WHA\HC.09\PRESTON2262.EXT-P.wpd

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