(HC) Roessler v. Covello

Opinion

MICHAEL LEE ROESSLER, No. 2:19-cv-2422-KJM-EFB P Petitioner, v. ORDER Respondent. Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has again requested an extension of time to file his opposition to respondent’s March 20, 2020 motion to dismiss and renewed his request for appointment of counsel. As petitioner was previously informed (ECF No. 19), 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 § 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. The court will, however, again grant an extension of time. ///// ///// wOASe 2 □□□ VETO INGE MVOC et PIR rere PAY eV

Accordingly, it is ORDERED that petitioner’s request for appointment of counsel (ECF No. 20) is denied without prejudice, but his request for extension of time (ECF No. 20) is granted. Petitioner shall file his opposition to the March 20, 2020 motion to dismiss within thirty days from the date of service of this order. Dated: July 20, 2020. tid, PDEA UNITED STATES MAGISTRATE JUDGE