(HC) Omega v. Pallares ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NALANA OMEGA, No. 2:22-cv-0178-KJM-EFB (HC) 12 Petitioner, 13 v. ORDER 14 MICHAEL PALLARES, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding without counsel in this action for habeas brought 18 pursuant to 28 U.S.C. § 2254. She requests an extension of time to respond to the pending 19 motion to dismiss. ECF Nos. 15 & 17. She also requests that the court appoint counsel. ECF 20 No. 15. 21 There currently exists no absolute right to appointment of counsel in habeas proceedings. 22 See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). The court may appoint counsel at any 23 stage of the proceedings “if the interests of justice so require.” 18 U.S.C. § 3006A; Rule 8(c), 24 Rules Governing § 2254 Cases. The court finds that the interests of justice would not be served 25 by the appointment of counsel at this time. The court will, however, grant petitioner another 30 26 day extension of time to respond to the motion to dismiss (ECF No. 10). 27 ///// 28 ///// ] Accordingly, it is ordered that: 2 1. Petitioner’s request for appointment of counsel (ECF No. 15) is denied without 3 prejudice. 4 2. Petitioner’s request for an extension of time to respond to the motion to dismiss (ECF 5 Nos. 15 & 17) is granted. Within 30 days of the date of this order, petitioner shall file 6 either an opposition to the motion to dismiss or a statement of no opposition. Failure 7 to comply with this order will result in a recommendation that this action be dismissed 8 without prejudice. 9 || Dated: July 19, 2022. 10 □□ PDEA EDMUND F. BRENNAN 1] UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28