Billy Coy Cochran v. James Tilton

Filing 52

ORDER Denying Ex Parte Motion To Expand Counsel's Representation 50 , signed by District Judge Charles R. Breyer on 9/4/2009. (Scrivner, E)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BILLY COY COCHRAN, Petitioner, v. MATTHEW KRAMER, Warden Respondent. No. C 06-0909 CRB ORDER DENYING EX PARTE MOTION TO EXPAND COUNSEL'S REPRESENTATION Petitioner Billy Coy Cochran, a state prisoner incarcerated at Folsom State Prison in Folsom, California, seeks a writ of habeas corpus under 28 U.S.C. § 2254 based on a variety of grounds. On June 10, 2009, this Court appointed counsel to represent Petitioner in the habeas proceedings before this Court for the limited purpose of addressing whether counts 5 and 6 are duplicative. Petitioner and Respondent have stipulated to a briefing schedule and have begun briefing on this issue. Now pending before the Court is an ex parte motion by Petitioner to expand his counsel's representation to include the additional claims raised in Petitioner's amended habeas petition. The declaration attached to Petitioner's motion clarifies that Petitioner wishes to expand counsel's representation in order to obtain firearms records, telephone records, Fire Department and Insurance Company records, and financial records. The Court finds that the additional investigation sought by Petitioner would not assist the Court in its resolution of Petitioner's claims. Petitioner's motion is DENIED. Petitioner's counsel is to // 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 focus on the limited purpose of addressing whether counts 5 and 6 are duplicative. IT IS SO ORDERED. Dated: September 4, 2009 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE G:\CRBALL\2006\0909\order re expanding representation.wpd 2

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