CDCR
(HC) Augustine v. CDCR
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…