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Kirk v. Felker

United States District Court, E.D. California
Jun 2, 2008
No. CIV S-07-2521 GEB GGH P (E.D. Cal. Jun. 2, 2008)

Opinion

No. CIV S-07-2521 GEB GGH P.

June 2, 2008


ORDER


Petitioner has requested an extension of time to file an opposition to respondent's April 25, 2008 motion to dismiss the petition as barred by the AEDPA statute of limitations. The court will grant petitioner an extension of time.

Petitioner has also requested the appointment of 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). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed.R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's May 21, 2008 request for an extension of time (Docket #15) is granted;

2. Petitioner is granted thirty days from the date of this order in which to file an opposition to respondent's motion to dismiss;

3. Petitioner's May 21, 2008 motion for appointment of counsel (Docket #14) is denied without prejudice to a renewal of the motion at a later stage of the proceedings.


Summaries of

Kirk v. Felker

United States District Court, E.D. California
Jun 2, 2008
No. CIV S-07-2521 GEB GGH P (E.D. Cal. Jun. 2, 2008)
Case details for

Kirk v. Felker

Case Details

Full title:JOHN MICHAEL KIRK, Petitioner, v. TOM FELKER, et al., Respondents

Court:United States District Court, E.D. California

Date published: Jun 2, 2008

Citations

No. CIV S-07-2521 GEB GGH P (E.D. Cal. Jun. 2, 2008)