(HC) Augustine v. CDCR ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN B. AUGUSTINE, No. 2:19-cv-2484-EFB P 12 Petitioner, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, 16 Respondent. 17 18 Petitioner proceeds without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. 19 § 2254. On July 14, 2020, petitioner requested a second extension of time to file his amended 20 petition pursuant to the court’s April 23, 2020 order and for appointment of counsel. 21 As to the request for appointment of counsel, there currently exists no absolute right to 22 appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 23 1996). The court may appoint counsel at any stage of the proceedings “if the interests of justice 24 so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing § 2254 Cases. The 25 court does not find that the interests of justice would be served by the appointment of counsel at 26 this stage of the proceedings. The court will, however, grant his second request for an extension 27 of time. 28 ///// wOAoOe 2 fh VETO ET BP UETTOCIIL A PIR ere PAY ev 1 Accordingly, it is ORDERED that: 2 1. Petitioner’s request for appointment of counsel (ECF No. 14) is denied without 3 prejudice; 4 2. Petitioner’s request for an extension of time (ECF No. 15) is granted; and 5 3. Petitioner has 30 days from the date this order is served to file his amended petition. 6 | Dated: July 20, 2020. 7 tid, PDEA g EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28