(HC) Delamora v. Baughman, No. 2:2017cv00871 - Document 21 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 7/25/2018. Petitioner's request for appointment of counsel 20 is DENIED without prejudice. Petitioner is, however, granted an extension of time within which to file his objections to the 7/3/2018 findings and recommendations. Petitioner's objections, if any, shall be filed within thirty (30) days. (Cannarozzi, N)
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(HC) Delamora v. Baughman Doc. 21 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 FRANK DELAMORA, 11 12 13 14 No. 2:17-cv-0871-MCE-EFB P Petitioner, v. ORDER BAUGHMAN, Respondent. 15 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 17 28 U.S.C. § 2254. He has requested that the court appoint counsel. There currently exists no 18 absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 19 453, 460 (9th Cir. 1996). The court may appoint counsel at any stage of the proceedings “if the 20 interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing 21 § 2254 Cases. The court does not find that the interests of justice would be served by the 22 appointment of counsel at this stage of the proceedings. 23 Accordingly, it hereby is ORDERED that petitioner’s request for appointment of counsel 24 (ECF No. 20) is denied without prejudice. Petitioner is, however, granted an extension of time 25 within which to file his objections to the July 3, 2018 findings and recommendations. Petitioner’s 26 objections, if any, shall be filed within thirty (30) days. 27 Dated: July 25, 2018. 28 Dockets.Justia.com