West v. Dickinson
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/22/11 granting 70 Motion for Extension of time. Petitioner is granted 30 days from the date of service of this order in which to file and serve a traverse. Petitioner's motion for appointment of counsel 71 is denied. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MACK A. WEST., JR.,
Petitioner,
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No. CIV S-09-3147 KJM DAD P
vs.
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KATHLEEN DICKINSON,
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Respondent.
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Petitioner has filed his third request for an extension of time to file a traverse.
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ORDER
Good cause appearing, the request will be granted.
Petitioner has also requested the appointment of counsel. As the court previously
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advised petitioner, there currently exists no absolute right to appointment of counsel in habeas
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proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C.
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§ 3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice
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so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does
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not find that the interests of justice would be served by the appointment of counsel at the present
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time.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Petitioner's motion for an extension of time (Doc. No. 70) is granted;
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2. Petitioner is granted thirty days from the date of service of this order in which
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to file and serve a traverse; and
3. Petitioner’s motion for appointment of counsel (Doc. No. 71) is denied.
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DATED: November 22, 2011.
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DAD:9:kly
west3147.111t(3)
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