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Melvin Richard Pena v. Matthew Cate

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


November 28, 2012

MELVIN RICHARD PENA, PETITIONER,
v.
MATTHEW CATE, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, RESPONDENT.

The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

[Re: Motions at Docket Nos. 26 and 29]

ORDER

At Docket No. 26, Melvin Richard Pena, a state prisoner appearing pro se, filed a Motion to Appoint Counsel. Pena also filed a Motion to Extend the Time to File a Traverse at Docket No. 29.

There is no constitutional right to counsel in federal habeas proceedings.*fn1 Appointment of counsel is not required in a habeas corpus proceeding in the absence of an order granting discovery or an evidentiary hearing.*fn2 This Court may appoint counsel under the Criminal Justice Act in this case if the court determines that the interests of justice so require.*fn3 This Court does not so determine.

Pena has shown good cause to extend the time to respond to Respondent's answer.

IT IS THEREFORE ORDERED THAT the Motion to Appoint Counsel at Docket No. 26 is DENIED.

IT IS FURTHER ORDERED THAT the Motion for Extension of Time to File a Traverse at Docket No. 29 is GRANTED. Pena's time to respond to the answer is extended to December 28, 2012.

James K. Singleton, Jr.


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