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Duane W. James v. State of California Parole Board

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


February 2, 2011

DUANE W. JAMES, PETITIONER,
v.
STATE OF CALIFORNIA PAROLE BOARD, RESPONDENT.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On January 27, 2011, petitioner requested an extension of time to file a response to the January 5, 2011, order. See Fed. R. Civ. P. 6(b).

Petitioner has also 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 appoint 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. //// ////

Accordingly, it is ORDERED that:

1. Petitioner's January 27, 2011, request for an extension of time is granted and petitioner has 30 days from the date this order is served to file and serve a response to the January 5, 2011, order; and

2. Petitioner's January 27, 2011, request for appointment of counsel is denied without prejudice.

20110202

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