Robinson v. Cate
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 06/06/11 ordering petitioner's request for appointment of counsel 26 is denied without prejudice to a renewal of the motion at a later stage of the proceedings. Petitioner's request for an extension of time 26 is granted. Petitioner is granted 30 days from the date of this order in which to file and serve a traverse. (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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CLARK ROBINSON,
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Petitioner,
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No. CIV-S-10-2089 LKK CMK (TEMP) P
vs.
MATTHEW CATE,
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Respondent.
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ORDER
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Petitioner has requested an extension of time to file a traverse. Good cause
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appearing, this request will be granted. In addition, petitioner has requested the appointment of
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counsel. 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 request for appointment of counsel (Docket No. 26) is denied
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without prejudice to a renewal of the motion at a later stage of the proceedings;
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2. Petitioner's request for an extension of time (Docket No. 26) is granted; and
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3 Petitioner is granted thirty days from the date of this order in which to file and
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serve a traverse.
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DATED: June 6, 2011
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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/kly
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robi2089.111.110(2)
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