(HC) Queen v. Adams et al, No. 2:2007cv00862 - Document 16 (E.D. Cal. 2008)
Court Description: ORDER signed by Magistrate Judge Craig M. Kellison on 2/1/08: Petitioner's motion for appointment of counsel is denied. Petitioner's motion for an extension of time is granted 15 . Within 20 days after being served with this order, any party may file written objections with the court, such document to be captioned "Objections to Magistrate Judge's Findings and Recommendations." (Kaminski, H)
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(HC) Queen v. Adams et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN D. QUEEN, 12 Petitioner, 13 14 No. CIV S-070862-GEB-CMK-P vs. ORDER DARREL ADAMS, et al., 15 Respondents. 16 / 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s request for 19 an extension of time to file objections to the findings and recommendations filed January 14, 20 2008. Petitioner is also requesting the appointment of counsel. 21 The findings and recommendations provided for objections to be filed within 20 22 days of the date of service thereof. Petitioner now seeks an extension of that deadline. Good 23 cause appearing therefor, the request will be granted. Petitioner is reminded that failure to file 24 objections within the specified time may waive the right to appeal any order adopting the 25 findings and recommendations. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 26 /// 1 Dockets.Justia.com 1 Petitioner has also requested the appointment of counsel. There currently exists 2 no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 3 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of 4 counsel at any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. 5 Governing § 2254 Cases. In the present case, the court does not find that the interests of justice 6 would be served by the appointment of counsel at the present time. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Petitioner’s motion for appointment of counsel is denied; 9 2. Petitioner’s motion for an extension of time is granted; and 10 3. Within 20 days after being served with this order, any party may file 11 written objections with the court, such document to be captioned “Objections to Magistrate 12 Judge's Findings and Recommendations.” 13 14 15 16 DATED: February 1, 2008 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 2
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