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NOMESIRI v. PRICE, 2:15-cv-1686 WBS CKD. (2016)

Court: District Court, E.D. California Number: infdco20160129a63 Visitors: 2
Filed: Jan. 27, 2016
Latest Update: Jan. 27, 2016
Summary: ORDER CAROLYN K. DELANEY , Magistrate Judge . Petitioner has filed a request for an extension of time to file a traverse. Good cause appearing, the court will grant petitioner's request. In addition, petitioner has filed a motion for an extension of time to file a motion for reconsideration of this court's order denying his motion for appointment of counsel. Petitioner has also since filed a motion for reconsideration. The court has construed petitioner's motion for reconsideration as a re
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ORDER

Petitioner has filed a request for an extension of time to file a traverse. Good cause appearing, the court will grant petitioner's request.

In addition, petitioner has filed a motion for an extension of time to file a motion for reconsideration of this court's order denying his motion for appointment of counsel. Petitioner has also since filed a motion for reconsideration. The court has construed petitioner's motion for reconsideration as a renewed motion for appointment of counsel. As this court previously advised petitioner, there currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, petitioner contends that he is indigent, incarcerated, has difficulty articulating his claims, and has limited access to legal materials. While the court sympathizes with these challenges, they are insufficient to merit the appointment of counsel at this time. Accordingly, the court will deny petitioner's motions.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's motion for an extension of time to file a traverse (Doc. No. 17) is granted;

2. Petitioner shall file and serve a traverse on or before March 21, 2016;

3. Petitioner's motion for an extension of time to file a motion for reconsideration (Doc. No. 16) is denied as unnecessary; and

4. Petitioner's motion for reconsideration, construed as a renewed motion for appointment of counsel, (Doc. No. 18) is denied.

Source:  Leagle

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