Opinion
No. CIV S-05-1621-LKK-CMK-P.
August 15, 2007
ORDER
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Pending before the court is petitioner's 11th request for an extension of time to file a traverse (Doc. 58). Respondents filed their answer to petitioner's petition on May 26, 2006. Petitioner's traverse was due 30 days thereafter. Petitioner has had over one year to prepare and file a traverse. Given the amount of time petitioner has had to file a traverse, the court finds that additional time is not warranted. The request for an extension of time will be denied.
Also pending is petitioner's second request for appointment of counsel (Doc. 57). 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). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed.R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel.
This case is ready for a decision on the merits.
Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner's request for an extension of time is denied; and
2. Petitioner's request for appointment of counsel is denied.