(HC) Dedeker v. Sherman ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY WILLIAM DEDEKER, No. 2:20-cv-2056-KJM-EFB P 12 Petitioner, 13 v. ORDER 14 STUART SHERMAN, 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. Petitioner seeks appointment of counsel and an extension of time to oppose 19 respondent’s motion to dismiss. ECF No. 18. Petitioner provides no reasons for either request. 20 I. Motion for Counsel 21 Petitioner has requested that the court appoint counsel. There currently exists no absolute 22 right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 23 (9th Cir. 1996). The court may appoint counsel at any stage of the proceedings “if the interests of 24 justice so require.” 18 U.S.C. § 3006A; Rule 8(c), Rules Governing § 2254 Cases. Because 25 petitioner has provided no argument supporting his request for counsel, the court finds that the 26 interests of justice would not be served by the appointment of counsel at this time. Accordingly, 27 petitioner’s request for appointment of counsel is denied. 28 ///// 1 Il. Motion for Extension of Time 2 Petitioner similarly has failed to provide any rationale for his request for an extension of 3 || time to oppose the motion to dismiss. Nevertheless, out of caution and a degree of deference to 4 || petitioner’s incarcerated status, the court will grant an extension of time of 21 days from the date 5 || of service of this order. 6 Il. Order 7 For the foregoing reasons, petitioner’s March 24, 2021 motion for appointment of counsel 8 | (ECF No. DENIED and his request for an extension of time to file his opposition to the 9 || motion to dismiss is GRANTED. He must file the opposition within 21 days from the date of 10 || service of this order. 11 So ordered. 12 | Dated: March 29, 2021. EDMUND F. BRENNAN 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28