(HC)Stephen
(HC)Stephen v. Matterson
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 …