(HC) Naylor v. Price ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TROY MITCHELL NAYLOR, No. 2:20-cv-672-JAM-EFB P 12 Petitioner, 13 v. ORDER 14 BRANDON PRICE, 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. On September 21, 2020, petitioner requested a second extension of time to file 19 his traverse and a request for appointment of counsel. 20 As to the request for counsel, there currently exists no absolute right to appointment of 21 counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The 22 court may appoint counsel at any stage of the proceedings “if the interests of justice so require.” 23 See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing § 2254 Cases. The court does not 24 find that the interests of justice would be served by the appointment of counsel at this stage of the 25 proceedings. The court will, however, grant petitioner’s request for extension of time. 26 Accordingly, it is ORDERED that: 27 1. Petitioner’s request for appointment of counsel (ECF No. 16) is denied without 28 prejudice; and 2 EAIVI ER RMU ea PIR ee AY eT 1 2. Petitioner’s request for an extension of time (ECF No. 15) is granted and petitioner has 2 30 days from the date this order is served to file his traverse. 3 || Dated: September 24, 2020. 4 Dating 5 Cb iA 5 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28