(HC) Quair v. Darby

Filing 25

ORDER TERMINATING 23 Petitioner's Motions for Appointment of Counsel and 24 Motion to Proceed In Forma Pauperis, signed by Magistrate Judge Erica P. Grosjean on 1/19/2023. (Rivera, O)

Case 1:22-cv-01142-JLT-EPG Document 25 Filed 01/19/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID SABINO QUAIR III,

ORDER TERMINATING PETITIONER’S
MOTIONS FOR APPOINTMENT OF
COUNSEL AND MOTION TO PROCEED
IN FORMA PAUPERIS

Petitioner,

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v.

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MATT DARBY,

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Case No. 1:22-cv-01142-JLT-EPG-HC

(ECF Nos. 23, 24)

Respondent.

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Petitioner David Sabino Quair III is a state prisoner proceeding pro se with a petition for

18 writ of habeas corpus pursuant to 28 U.S.C. § 2254.
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On January 5, 2023, the undersigned issued findings and recommendations to dismiss the

20 petition without prejudice for failure to exhaust state judicial remedies. (ECF No. 20.) The
21 findings and recommendation were served on Petitioner and contained notice that any objections
22 were to be filed within thirty (30) days of the date of service of the findings and
23 recommendations. (Id.) In lieu of filing objections, Petitioner filed a notice of appeal on January
24 17, 2023. (ECF No. 21.) That same day, Petitioner filed the instant motion for appointment of
25 counsel and motion to proceed in forma pauperis. (ECF Nos. 23, 24.)
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Petitioner seeks authorization to appeal in forma pauperis pursuant to Federal Rule of

27 Appellate Procedure 24. (ECF No. 24.) This Court previously permitted Petitioner to proceed in
28 forma pauperis in this action. (ECF No. 10.) Accordingly, Petitioner does not require further

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Case 1:22-cv-01142-JLT-EPG Document 25 Filed 01/19/23 Page 2 of 2

1 authorization to appeal in forma pauperis. Fed. R. App. P. 24(a)(3). Petitioner also moves for
2 appointment of counsel on appeal. (ECF No. 23.) However, as that motion is addressed to the
3 Ninth Circuit, this Court will not rule on the motion.
Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for appointment of

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5 counsel (ECF No. 23) and motion to proceed in forma pauperis (ECF No. 24) are terminated as
6 moot.
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IT IS SO ORDERED.
Dated:

January 19, 2023

/s/
UNITED STATES MAGISTRATE JUDGE

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