Terrance Terwilligar v. Attorney General of the State of California, et al

Filing 45

ORDER GRANTING MOTION FOR SECOND EXTENSION OF TIME TO FILE TRAVERSE; GRANTING REQUEST FOR ACCESS TO LAW LIBRARY; DENYING REQUEST FOR APPOINTMENT OF COUNSEL re 44 . Signed by Judge Jeremy Fogel on 9/15/10. (dlm, COURT STAFF) (Filed on 9/20/2010)

Terrance Terwilligar v. Attorney General of the State of California, et al

Doc. 45

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NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TERRANCE TERWILLIGAR, Petitioner, v. R. BARNES, Warden, Respondent. / (Docket No. 44) No. C 10-01140 JF (PR) ORDER GRANTING MOTION FOR SECOND EXTENSION OF TIME TO FILE TRAVERSE; GRANTING REQUEST FOR ACCESS TO LAW LIBRARY; DENYING REQUEST FOR APPOINTMENT OF COUNSEL

Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court directed Respondent to file an answer to the petition and granted Petitioner leave to file a traverse within thirty days after the answer was filed. Respondent has filed an answer. Petitioner now moves for a second extension of time to file a traverse. (Docket No. 44.) Good cause appearing, Petitioner's motion is GRANTED, such that Petitioner shall file a traverse no later than November 25, 2010. Prison officials shall grant Petitioner reasonable access to the law library so he may conduct research and prepare necessary documents. Petitioner has also made a request for appointment of counsel. (Docket No. 44 at 2.) The Sixth Amendment's right to counsel does not apply in habeas corpus actions. See

Dockets.Justia.com

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Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir.), cert. denied, 479 U.S. 867 (1986). Unless an evidentiary hearing is required, the decision to appoint counsel is within the discretion of the district court. See Knaubert, 791 F.2d at 728; Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984). The matter has been fully briefed and is ready for decision. No evidentiary hearing is required at this time. There are no exceptional circumstances to warrant appointment of counsel. Accordingly, Petitioner's request is DENIED. Lastly, Petitioner requests another copy of the "Attorney General's Reply" which was confiscated by the prison library. Petitioner's request is GRANTED. The Clerk shall enclose a copy of Respondent's Answer, (Docket No. 10), with a copy of this order to Petitioner. This order terminates Docket No. 44. IT IS SO ORDERED.
9/15/10 DATED: ________________________

_______________________________ JEREMY FOGEL United States District Judge

Order Granting Second Ext. Of Time P:\PRO-SE\SJ.JF\HC.10\Terwilligar01140_2eot-trav.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

TERRANCE TERWILLIGAR, Petitioner, v. R. BARNES, Warden, Respondent. /

Case Number: CV10-01140 JF CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 9/20/10 , I SERVED a true and correct copy(ies) of the That on attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Terrance Terwilligar H-46832 P.O. Box 2210 Susanville, CA 96127 Dated: 9/20/10 Richard W. Wieking, Clerk