Embry v. Guirbino

Filing 32

ORDER APPOINTING OFFICE OF FEDERAL DEFENDER signed by Magistrate Judge John M. Dixon, Jr on 9/2/2010. Once appointed, Petitioner's Counsel shall contact the Clerk's Office. (Attachments: # 1 Ninth Circuit's August 31, 2010 Order). cc: Federal Defender's Office. (Jessen, A)

(HC) Embry v. Guirbino

Doc. 32 Att. 1

Case: 09-15981 08/31/2010 Page: 1 of 2 Case 1:04-cv-06101-AWI-JMD Document 31

ID: 7458103 DktEntry: 4 Filed 08/31/10 Page 1 of 2

F IL E D
AUG 31 2010

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

MOLLY C. DWYER, CLERK
U . S . C O U R T OF APPE A L S

R A Y V A U G H N ROYCE EMBRY, Petitioner - Appellant, v. G . J. GUIRBINO,

N o . 09-15981 D .C . No. 1:04-cv-06101-AWI-JMD E astern District of California, Fresno

ORDER Respondent - Appellee.

B e fo r e :

H A W K I N S , Circuit Judge.

T h e request for a certificate of appealability is granted with respect to the fo llo w in g issue: whether the trial court violated appellant's constitutional right a g a in s t self-incrimination and right to counsel by admitting the transcript of a p o lic e interview. 28 U.S.C. § 2253(c)(3); see also 9th Cir. R. 22-1(e). T h e court sua sponte appoints counsel for this appeal. Counsel will be ap p o in ted by separate order. If appellant does not wish to have appointed counsel, ap p ellan t shall file a motion asking to proceed pro se within 14 days of the date of th is order. The Clerk shall electronically serve this order on the appointing authority for th e Eastern District of California, who will locate appointed counsel. The district co u rt shall send notification of the name, address, and telephone number of

Dockets.Justia.com

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a p p o in te d counsel to the Clerk of this court at co u n selap p o in tm en ts@ ca9 .u sco u rts.g o v within 14 days of locating counsel. T h e opening brief and excerpts of record are due November 15, 2010; the an sw erin g brief is due December 15, 2010; and the optional reply brief is due w ith in 14 days after service of the answering brief. I f G. J. Guirbino is no longer the appropriate appellee in this case, counsel fo r appellee is directed to file a motion to substitute party within 21 days of the filin g date of this order. See Fed. R. App. P. 43(c).

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