Phillips

Benito Julian Luna v. B. Phillips

Good Law
United States District Court, Eastern District of CaliforniaNovember 13, 20252:24-cv-01686California258 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENITO JULIAN LUNA, Case No. 2:24-cv-1686-DC-JDP (P) Petitioner, v. ORDER B. PHILLIPS, Respondent. 16 Petitioner has requested the appointment of counsel and an extension of time to file objections to the findings and recommendations. ECF No. 17. 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 request for appointment of counsel, ECF No. 17, is DENIED without prejudice; 2. Petitioner’s request for an extension of time, ECF…

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