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Erb v. California Dep't of Corrections

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 10, 2008

MICHAEL ERB, PETITIONER,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, ET AL., RESPONDENTS.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On August 25, 2008, petitioner requested that the court appoint counsel. 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). The court may appointment counsel at any stage of the proceedings "if the interests of justice so require." See 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing Section 2254 Cases. The court does not find that the interests of justice would be served by the appointment of counsel at this stage of the proceedings.

Petitioner also requests an extension of time to file and serve an opposition to respondents' August 8, 2008, motion to dismiss. See Fed. R. Civ. P. 6(b). Good cause appearing, petitioner's request for an extension of time will be granted.

Accordingly, it is hereby ORDERED that:

1. Petitioner's August 25, 2008, motion for appointment of counsel is denied without prejudice.

2. Petitioner's August 25, 2008, request for an extension of time is granted in part and petitioner shall file and serve an opposition to respondents' motion to dismiss not later than sixty days after service of this order.*fn1


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