(HC) Johnson v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALWIN DWAYNE JOHNSON, JR., No. 2:24-cv-0562 KJM CKD P Petitioner, v. ORDER ROB ST. ANDRE, Respondent. 16 On July 2, 2024, the court asked that respondent re-serve the June 4, 2024, motion to dismiss upon petitioner. The record reflects that the motion was re-served on July 3, 2024. Petitioner indicates that, again, he did not receive it. Petitioner has asked that respondent serve the document a third time. Good cause appearing, respondent will be granted five days within which to either re-serve the motion to dismiss or file an opposition to petitioner’s request for re- service. The deadline for petitioner to file an opposition will be temporarily vacated. Petitioner has 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…