(HC) Booker v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JAMES BOOKER, Case No. 2:20-cv-01894-TLN-JDP (HC) Petitioner, ORDER DENYING PETITIONER’S MOTION

FOR APPOINTMENT OF COUNSEL AND

v. GRANTING MOTION FOR EXTENSION OF

TIME

J. LYNCH, ECF No. 15 Respondent.

16 Petitioner is a state prisoner proceeding without counsel on a petition for a writ of habeas 17 corpus pursuant to 28 U.S.C. § 2254. On February 26, 2021, petitioner was ordered to show 18 cause why this action should not be dismissed for failure to prosecute and for failure to state a 19 claim. ECF No. 14. In response, petitioner filed a motion for an appointment of counsel and for 20 an extension of time to respond to the February 26 order to show cause. ECF No. 15. 21 A petitioner in a habeas proceeding does not have an absolute right to appointment of 22 counsel. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, the court is 23 authorized to appoint counsel at any stage of the case “if the interests of justice so require.”…