(HC)Stephen

(HC)Stephen v. Matterson

Good Law
United States District Court, Eastern District of CaliforniaNovember 13, 20231:23-cv-01520California408 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

STEPHEN RUSSELL FEGAN, Case No. 1:23-cv-01520-SKO (HC)

Petitioner, ORDER DENYING MOTIONS FOR

APPOINTMENT OF COUNSEL AND

v. EXTENSION OF TIME

GISELLE MATTERSON, [Docs. 12, 13] Respondent.

16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 27, 2023, the Court dismissed the petition with leave to file an amended petition. (Doc. 7.) On October 30, 2023, Petitioner filed a notice of interlocutory appeal. (Doc. 8.) The appeal was then processed to the Ninth Circuit Court of Appeals. (Doc. 9.) On November 9, 2023, Petitioner filed a motion for appointment of counsel and a motion for extension of time to file an amended petition. (Docs. 12, 13.) There currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 …

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