Martinez v. Zavaras et al

Filing 21

MINUTE ORDER. Prisoners Motion and Affidavit For Leave To Proceed PursuantTo 28 U.S.C. § 1915 15 filed 04/06/2010, is DENIED WITHOUT PREJUDICE as moot. Petitioners Motion To Appoint Counsel 16 filed 04/06/2010, is DENIED. Petitioners Motio n For Discovery Pursuant To Rule 6(a) of The Rules Governing Section 2254 Cases and Rules 26-27, 34-35 of The Federal Rules of Civil Procedure 18 filed 04/06/2010, is DENIED WITHOUT PREJUDICE for failure to show good cause pursuant to Rule 6(a) of the Rules Governing Section 2254Cases in the United States District Courts. Petitioners Motion For Enlargement of Time 20 filed 04/07/2010, is GRANTED in part. Petitioner shall have until 05/05/2010, to file his reply to Respondents Answer To Application For Writ of Habeas Corpus 14 filed 03/22/2010. By Judge Robert E. Blackburn on 04/27/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 09-cv-02421-REB RAYMOND MARTINEZ, Petitioner, v. ARISTEDES ZAVARA, Executive Director, Colorado Department of Corrections, and COLORADO ATTORNEY GENERAL, Respondents. MINUTE ORDER1 The matter comes before the court on the following motions: C C C Prisoner's Motion and Affidavit For Leave To Proceed Pursuant To 28 U.S.C. § 1915 [#15] filed April 6, 2010; Petitioner's Motion To Appoint Counsel [#16] filed April 6, 2010; Petitioner's Motion For Discovery Pursuant To Rule 6(a) of The Rules Governing Section 2254 Cases and Rules 26-27, 34-35 of The Federal Rules of Civil Procedure [#18] filed April 6, 2010; and Petitioner's Motion For Enlargement of Time [#20] filed April 7, 2010.

C

After reviewing the motions and the file, IT IS ORDERED as follows: 1. That Prisoner's Motion and Affidavit For Leave To Proceed Pursuant To 28 U.S.C. § 1915 [#15] filed April 6, 2010, is DENIED WITHOUT PREJUDICE as moot; 2. That Petitioner's Motion To Appoint Counsel [#16] filed April 6, 2010, is
This minute order is issued pursuant to the express authority of the Honorable Robert E. Blackburn, United States District Judge for the District of Colorado.
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DENIED. "A petitioner has no right to counsel in that collateral proceeding." Daniels v. Hargett, 1997 WL 107768 (10th Cir. Mar. 12, 1997) (citing Clark v. Tansy, 13 F.3d 1407, 1410 (10th Cir. 1993)). The court finds that the interests of justice do not require an evidentiary hearing or the appointment of counsel at this time. Should the court determine that an evidentiary hearing is required, then the court will consider the appointment of counsel pursuant to Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts; 3. That Petitioner's Motion For Discovery Pursuant To Rule 6(a) of The Rules Governing Section 2254 Cases and Rules 26-27, 34-35 of The Federal Rules of Civil Procedure [#18] filed April 6, 2010, is DENIED WITHOUT PREJUDICE for failure to show good cause pursuant to Rule 6(a) of the Rules Governing Section 2254 Cases in the United States District Courts; and 4. That Petitioner's Motion For Enlargement of Time [#20] filed April 7, 2010, is GRANTED in part. Petitioner shall have until May 5, 2010, to file his reply to Respondents' Answer To Application For Writ of Habeas Corpus [#14] filed March 22, 2010. Dated: April 27, 2010

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