Pollard
(HC) Carpenter v. Pollard
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID LIONEL CARPENTER, No. 2:20-cv-0908 KJN P Petitioner, v. ORDER MARCUS POLLARD, Warden, Respondent. 16 Petitioner, a state prisoner at R.J. Donovan Correctional Facility in San Diego, filed a document styled as a motion seeking an extension of time to file a petition for writ of habeas corpus. No other pleadings have been filed by the petitioner. In order to commence an action, petitioner must file a petition for writ of habeas corpus as required by Rule 3 of the Rules Governing Section 2254 cases. The court will not issue any orders granting or denying relief until an action has been properly commenced. Therefore, petitioner’s motion is denied without prejudice. Unless petitioner files a petition, this action will be dismissed. Petitioner seeks the appointment of counsel to, inter alia, assist petitioner in filing his petition. There currently exists no absolute right to appointment of counsel in habeas 26 …