Julio Remberto Mixco v. Domingo Uribe Jr.

Filing 35

MINUTE ORDER IN CHAMBERS by Magistrate Judge Ralph Zarefsky: ORDER TO SHOW CAUSE: Within 14 days, Petitioner shall file a memorandum indicating whether appointment of counsel on appeal constitutes an appointment of counsel for the District Court for post-remand purposes, or whether there is any other basis upon which the FPD represents Petitioner in this matter. Respondent may submit a memorandum on this issue within the same time frame. (See document for details). (ib)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 11-02938 CJC (RZ)

Title

JULIO REMBERTO MIXCO v. DOMINGO URIBE, JR., WARDEN

Present: The Honorable

Date

July 19, 2013

RALPH ZAREFSKY, U.S. MAGISTRATE JUDGE

Ilene Bernal

N/A

Deputy Clerk

Court Reporter / Recorder

Attorney Present for Petitioner:

Attorney Present for Respondent:

N/A

N/A

Proceedings:

In Chambers –
ORDER TO SHOW CAUSE

Petitioner commenced this habeas action pro se in this Court in 2011. He presented his arguments
with reasonable clarity in his petition and in various motions, including a motion for an extension of time
to oppose a dismissal motion, a motion for appointment of counsel and a motion for stay and abeyance. The
Court denied the appointment-of-counsel motion without prejudice on August 3, 2011 before the action was
dismissed as “mixed” on October 13, 2011. Petitioner appealed.
The Ninth Circuit granted a certificate of appealability on November 27, 2012. On January 11, 2013,
Petitioner filed a ten-page motion for appointment of counsel in the Court of Appeals largely repeating the
arguments he asserted in his eight-page motion in this Court. (Among these arguments were that he may
have additional unexhausted claims – and wanted counsel’s assistance in identifying and litigating them.)
Four days later, an appellate commissioner granted that motion, stating, “Appellant’s motion for
appointment of counsel in this appeal from the denial of a 28 U.S.C. § 2254 petition for writ of habeas
corpus is granted.” (Emphasis added.) A Federal Public Defender (FPD) attorney was soon appointed. On
June 20, the Court of Appeals granted the parties’ joint motion to remand the action to this Court. On
July 3, the parties filed a stipulation regarding a briefing schedule, with the FPD attorney continuing to
represent Petitioner.
Within 14 days, Petitioner shall file a memorandum indicating whether appointment of counsel on
appeal constitutes an appointment of counsel in the District Court for post-remand purposes, or whether
there is any other basis upon which the FPD represents Petitioner in this matter before this Court.
Respondent may, if he so chooses, submit a memorandum on this issue within the same time frame.

IT IS SO ORDERED.
:
Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

igb

Page 1 of 1