Opinion
Case No. 3:10-cv-267.
October 29, 2010
ORDER GRANTING EXTENSION OF TIME TO FILE REPLY AND DENYING APPOINTMENT OF COUNSEL
This case is before the Court on Petitioner's Motion for Extension of Time (Doc. No. 8) which includes a request for the appointment of counsel.
Petitioner's Motion for Extension of Time to file his reply is GRANTED and the time to reply is extended to and including December 27, 2010.
Petitioner also seeks appointment of counsel. Appointment of counsel in habeas corpus cases is required only in capital cases and those in which an evidentiary hearing has been ordered. While the Court has authority to appoint counsel in other cases, scarcity of funds counsels reserving appointments for trial, appellate, capital, and evidentiary hearing cases. Accordingly, the request for counsel is denied without leave to its renewal if the Court orders an evidentiary hearing in this case.
October 28, 2010.