Blaisdell v. Skolnik et al

Filing 31

ORDER denying 29 petitioner's Motion to Appoint Counsel; granting 30 respondents' Motion to Extend Time to prepare and file their answer to the remaining claims of the petition. No further enlargements of time for this purpose shall be granted absent a showing of extraordinary circumstances. See order re specifics. ( Responses due by 3/25/2010.) Signed by Judge Larry R. Hicks on 2/8/2010. (Copies have been distributed pursuant to the NEF - SL)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the court is petitioner's second motion for appointment of counsel (dkt # 29) and respondents' second motion for enlargement of time in which to file an answer (dkt #30). Petitioner argues that his circumstances have changed significantly to justify the court's reconsideration of appointing counsel to assist him, citing a move to the Warms Springs Correctional Center and the condition of its law library. Petitioner's prior pleadings and even the instant motion suggest petitioner's skills and education will allow him to continue to represent himself effectively in this matter. Because there is no constitutional right to counsel in habeas corpus actions, the law supports this decision. See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). Respondents seek an additional 45 days to prepare and file their Answer to the remaining claims of the petition. The motion shall be granted, but in light of the history of this action, no further enlargements of time will be granted absent a showing of extraordinary circumstances. IT IS THEREFORE ORDERED that petitioner's motion (dkt #29) is DENIED. IT IS FURTHER ORDERED that respondents' motion (dkt #30) is GRANTED. vs. HOWARD SKOLNIK, et al., Respondents. STEPHEN A. BLAISDELL, Petitioner, ) ) ) ) ) ) ) ) ) / UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3:08-cv-00094-LRH-VPC ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Respondents shall have up to and including March 25, 2010, in which to file their Answer. No further enlargements of time for this purpose shall be granted absent a showing of extraordinary circumstances. DATED this 8th day of February, 2010. ________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 2

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