CDCR

(HC) Augustine v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaJuly 20, 20202:19-cv-02484California305 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN B. AUGUSTINE, No. 2:19-cv-2484-EFB P Petitioner, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, Respondent. 17 Petitioner proceeds without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 14, 2020, petitioner requested a second extension of time to file his amended petition pursuant to the court’s April 23, 2020 order and for appointment of counsel. As to the request for 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). 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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.