Shotwell v. Hedgpeth

Filing 8

ORDER Appointing Office Of Federal Defender, Directing Counsel To File Notice Of Appearance Within Fourteen Days, And Directing Clerk Of Court To Serve Documents, signed by Magistrate Judge Michael J. Seng on 7/28/2011.(Notice of Appearance Deadline: 8/12/2011) (Fahrney, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
MANUEL SHOTWELL,

1:10-cv-01496-LJO-MJS (HC)

9
Petitioner,

ORDER APPOINTING OFFICE OF
FEDERAL DEFENDER, DIRECTING
COUNSEL TO FILE NOTICE OF
APPEARANCE WITHIN FOURTEEN DAYS,
AND DIRECTING CLERK OF COURT TO
SERVE DOCUMENTS

10
v.
11
12
13

A. HEDGPETH, Warden,
Respondent.
/

14
15
16

Petitioner is a state prisoner proceeding with a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254. He proceeds pro se.

17

Petitioner filed the instant petition on August 19, 2010. (Pet., ECF No. 1.) On

18

October 21, 2010, Petitioner filed a motion to appoint counsel. (Mot. to Appoint Counsel,

19

ECF No. 6.) In his motion, Petitioner states that he filed an earlier Petition for Writ of

20

Habeas Corpus on May 18, 2004. See Shotwell v. Evans, Case No. 1:04-cv-06496-LJO-

21

DLB. Attached as exhibits to the current Motion to Appoint Counsel are documents

22

describing how Petitioner suffers from borderline to mild mental retardation and other

23

cognitive and behavioral disabilities and showing that he had been found not competent

24

to stand trial. (Id.) His previous habeas petition court file includes similar documents and

25

a record of the Court’s February 22, 2005, Order granting Petitioner’s motion for

26

appointment of counsel. (Id., Ex. F.)

27

Pursuant to 18 U.S.C. § 3006A(a)(2)(B), the Court may appoint counsel at any stage

28

of a habeas corpus proceeding if the interests of justice so require and Petitioner is
1

1

financially eligible. Accordingly, inasmuch as counsel was appointed in the earlier case on

2

a showing such as that made here, and good cause appearing, the Court appoints the

3

Office of the Federal Defender to represent Petitioner.

4

IT IS HEREBY ORDERED that:

5

1.

The Office of the Federal Defender is appointed to represent Petitioner;

6

2.

The Clerk of Court is directed to serve a copy of this Order on Assistant
Federal Defender David Porter at the Office of the Federal Defender;

7
3.

8

Appointed counsel shall file a notice of appearance with this Court within

9

fourteen (14) days from the date of service of this order and counsel shall

10

contact the Clerk’s Office to make arrangements for copies of any relevant

11

documents.

12
13

IT IS SO ORDERED.

14

Dated:
92b0h

July 28, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2