(HC) Roessler v. Covello ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL LEE ROESSLER, No. 2:19-cv-2422-KJM-EFB P 12 Petitioner, 13 v. ORDER 14 PATRICK COVELLO, 15 Respondent. 16 17 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. He has again requested an extension of time to file his opposition to 19 respondent’s March 20, 2020 motion to dismiss and renewed his request for appointment of 20 counsel. As petitioner was previously informed (ECF No. 19), there currently exists no absolute 21 right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 22 (9th Cir. 1996). The court may appoint counsel at any stage of the proceedings “if the interests of 23 justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing 24 § 2254 Cases. The court does not find that the interests of justice would be served by the 25 appointment of counsel at this stage of the proceedings. The court will, however, again grant an 26 extension of time. 27 ///// 28 ///// wOASe 2 □□□ VETO INGE MVOC et PIR rere PAY eV 1 Accordingly, it is ORDERED that petitioner’s request for appointment of counsel (ECF 2 | No. 20) is denied without prejudice, but his request for extension of time (ECF No. 20) is granted. 3 || Petitioner shall file his opposition to the March 20, 2020 motion to dismiss within thirty days 4 || from the date of service of this order. 5 || Dated: July 20, 2020. 6 tid, PDEA 7 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28