Benito Julian Luna v. B. Phillips

Summary

The United States District Court for the Eastern District of California denied Benito Julian Luna’s request for appointment of counsel without prejudice in a habeas proceeding. The court granted his request for additional time and ordered him to file objections to the findings and recommendations within fourteen days.

Holdings

1. There is no absolute right to appointed counsel in habeas proceedings, and appointment is discretionary when the interests of justice so require. On the present record, the interests of justice did not warrant appointment of counsel.
2. Petitioner's request for an extension of time to file objections to the findings and recommendations was granted, and objections were ordered filed within fourteen days from the date of the order.

Questions Presented

1. Whether counsel should be appointed for petitioner in the habeas proceeding.
2. Whether petitioner should receive an extension of time to file objections to the findings and recommendations.

Disposition

other