Cromwell v. Prosper et al

Filing 35

ORDER signed by Magistrate Judge Charlene H. Sorrentino on 5/4/2011 GRANTING in part and DENYING in part petitioner's 34 Motion for Appointment of Counsel. Office of Federal Defender attorney David M. Porter is ADDED as counsel for petitioner Lance Arman Cromwell. Clerk directed to serve a copy of 2/26/2010 18 Third Amended Petition and this Order on Mr. Porter (AFD). (cc: petitioner Lance Arman Cromwell via conventional service) (Marciel, M) Modified on 5/5/2011 (Marciel, M).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LANCE ARMAN CROMWELL,

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Petitioner,

No. CIV S-06-2412 CHS P

vs.
K. PROSPER, et al.,
Respondents.

ORDER APPOINTING COUNSEL

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Petitioner is a state prisoner proceeding pro se and in forma pauperis with a third

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amended petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. Petitioner

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stands convicted in the Shasta County Superior Court of being a felon in possession of a firearm

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and misdemeanor driving without a license, for which he is currently serving a third strike

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sentence of 27 years to life. In an amended order filed on April 19, 2011, the petition was

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granted in part with respect to his claim that his statements taken in violation of Miranda v.

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Arizona, 384 U.S. 436 (1966), were unconstitutionally admitted at trial.

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On April 28, 2011, petitioner filed a motion to appoint counsel. Upon

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consideration of the motion, it appears that the interests of justice require the appointment of

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counsel at this time. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952,
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954 (9th Cir. 1983).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s April 28, 2011 motion to appoint counsel is GRANTED;

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2. The Federal Defender is appointed to represent petitioner;

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3. The Clerk of the Court is directed to serve a copy of the February 26, 2010

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third amended petition, the April 19, 2011 amended order granting petition, and this order on

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David Porter, Assistant Federal Defender.

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DATED: May 4, 2011

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CHARLENE H. SORRENTINO
UNITED STATES MAGISTRATE JUDGE

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