(HC) Abuanbar v. Peery ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY LEWIS ABUANBAR, No. 2:21-cv-0347 KJM GGH P 12 Petitioner, 13 v. ORDER 14 S. PEERY, Warden, 15 Respondent. 16 17 Petitioner has requested an extension of time to file a traverse. ECF No. 19. Good cause 18 appearing, the undersigned will grant petitioner’s request. 19 In addition, petitioner has requested the appointment of counsel. ECF No. 19 at 1. There 20 currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. 21 Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the 22 appointment of counsel at any stage of the case “if the interests of justice so require.” See Rule 23 8(c), Fed. R. Governing § 2254 Cases. The court has tentatively reviewed the merits of the 24 petition. In the present case, the court does not find that the interests of justice would be served by 25 the appointment of counsel at the present time. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Petitioner’s request for an extension of time (ECF No. 19) is granted; 28 2. Petitioner shall file a traverse within thirty days from the date of this order; and 1 3. Petitioner’s motion for appointment of counsel (ECF No. 19) is denied without 2 prejudice to a renewal of the motion at a later stage of the proceedings. 3 Dated: August 30, 2021 /s/ Gregory G. Hollows 4 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28