(HC) Spencer v. People of the State of California et al, No. 2:2005cv02456 - Document 101 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 08/25/10 denying 100 Motion to Appoint Counsel. Petitioner's objections to the 08/09/10 findings and recommendations are due within 28 days of the date of this order. (Plummer, M)
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(HC) Spencer v. People of the State of California et al Doc. 101 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THURMAN LEROY SPENCER, 11 Petitioner, 12 vs. 13 No. 2: 05-cv-2456 GEB KJN P ROY CASTRO, 14 Respondent. 15 ORDER / 16 On August 9, 2010, the undersigned recommended that petitioner’s application for 17 a petition for writ of habeas corpus be denied. On August 23, 2010, petitioner filed a motion for 18 appointment of counsel and a request for extension of time to file objections. 19 There currently exists no absolute right to appointment of counsel in habeas 20 proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. 21 § 3006A authorizes the appointment of counsel at any stage of the case “if the interests of justice 22 so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does 23 not find that the interests of justice would be served by the appointment of counsel at the present 24 time. 25 26 Petitioner requests an extension of time to file objections on grounds that he did not receive the August 9, 2010 findings and recommendations until August 17, 2010. Good Dockets.Justia.com 1 cause appearing, petitioner’s request is granted. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Petitioner’s August 23, 2010 motion for appointment of counsel (Dkt. No. 100) 4 is denied; 5 2. Petitioner’s objections to the August 9, 2010 findings and recommendations 6 are due within twenty-eight days of the date of this order. 7 DATED: August 25, 2010 8 9 10 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 spen2456.110