Raya v. Grounds
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/9/11 ORDERING that 13 Motion to Appoint Counsel is DENIED without prejudice; 15 Motion for Extension of time is GRANTED; Objections to F&R due within 30 days. (Dillon, 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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ADAN M. RAYA,
Petitioner,
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vs.
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No. CIV S-11-2557 WBS EFB P
RONALD GROUNDS,
Respondent.
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ORDER
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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28
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U.S.C. § 2254. He has requested that the court appoint counsel. He also requests an extension
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of time to file objections to the October 20, 2011 findings and recommendations.
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There currently exists no absolute right to appointment of counsel in habeas proceedings.
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See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The court may appoint counsel at any
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stage of the proceedings “if the interests of justice so require.” See 18 U.S.C. § 3006A; see also,
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Rule 8(c), Rules Governing Section 2254 Cases. The court does not find that the interests of
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justice would be served by the appointment of counsel at this stage of the proceedings.
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Accordingly, it hereby is ORDERED:
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1. Petitioner’s October 31, 2011, request for appointment of counsel is denied without
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prejudice.
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2. Petitioner’s November 7, 2011 request for an extension of time is granted, and
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petitioner has 30 days from the date this order is served to file objections.
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DATED: November 9, 2011.
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