Gregory Wayne Carver v. Gwendolyn Davis

Summary

The United States District Court for the Middle District of Alabama denied Gregory Wayne Carver’s motion for appointment of counsel in his habeas proceeding, finding no exceptional circumstances or present requirement for appointed counsel. The court also denied his request for a blanket extension of time to object to future adverse orders or reports and recommendations.

Holdings

1. At the current stage of the proceeding, appointment of counsel was not required under the habeas rules, and the petitioner failed to demonstrate exceptional circumstances or that the interests of justice required discretionary appointment. The motion to appoint counsel was therefore denied.
2. A court will not grant a blanket extension of deadlines that do not yet exist. The petitioner must file a motion seeking additional time before the applicable deadline expires.

Questions Presented

1. Whether the court should appoint counsel for the petitioner at the current stage of the federal habeas proceeding.
2. Whether the court should grant a blanket extension of time to object to future adverse orders or a future magistrate judge's report and recommendation.

Disposition

other