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Arde v. Wong

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


September 2, 2010

KENJI ARDE, PETITIONER,
v.
WONG, RESPONDENT.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On August 8, 2010, he 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.

On August 9, 2010, petitioner requested an extension of time to file an opposition or statement of non-opposition to the May 6, 2010 motion to dismiss. See Fed. R. Civ. P. 6(b).

Accordingly, it is hereby ORDERED that: 1. Petitioner's August 9, 2010 motion for appointment of counsel is denied without prejudice; and

2. Petitioner's August 9, 2010 request for extension of time is granted and petitioner has 30 days from the date this order is served to file and serve an opposition or statement of non-opposition to the May 6, 2010 motion to dismiss.

20100902

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