(HC) Campbell v. Perry ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ISIAH CAMPBELL, No. 2:21-cv-2369 WBS CKD P 12 Petitioner, 13 v. ORDER 14 S. PEERY, 15 Respondent. 16 17 Petitioner has requested the appointment of counsel. There currently exists no absolute 18 right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 19 (9th Cir. 1996). 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the 20 case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In 21 the present case, the court does not find that the interests of justice would be served by the 22 appointment of counsel at the present time. 23 Petitioner has also requested an extension of time to file an opposition to respondent’s 24 motion to dismiss. The court will grant petitioner’s motion based on good cause shown. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Petitioner’s request for the appointment of counsel (ECF No. 14) is denied without 27 prejudice. 28 2. Petitioner’s request for an extension of time (ECF No. 15) is granted. 1 3. Petitioner shall file an opposition to respondent’s motion to dismiss within thirty days 2 || from the date of this order. 3 | Dated: March 28, 2022 Card Kt | / ye □□□ 4 CAROLYNK.DELANEY 5 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