Opinion
No. CIV S-08-2352 KJM P.
November 19, 2009
ORDER
Petitioner has requested the appointment of counsel. 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 at the present time.
In the same motion, petitioner requested a postponement, although the reasons for the request are not made clear. Without additional information, the court declines to order a postponement.
Accordingly, IT IS HEREBY ORDERED that
1. Petitioner's requests for appointment of counsel and for a postponement (Docket No. 21) are denied without prejudice to a renewal of the motion at a later stage of the proceedings; and
2. Petitioner's opposition or statement of non-opposition to respondent's motion to dismiss is due within thirty days of the date of this order; petitioner's failure to file his opposition or otherwise respond to this order will result in a dismissal of this action.