Middleton v. Knowles

Filing 4

ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/14/09 ORDERING that the Federal Defender is appointed to represent Petitioner. The Clerk is directed to serve a copy of the petition and this order on Carolyn Wiggin, Assistant Federal Defender, and on Michael Farrell, Senior Deputy Attorney General. A Status Conference is SET for 2/25/2009 at 10:00 AM in Courtroom 26. (Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 vs. MIKE KNOWLES, Respondent. / Petitioner is a state prisoner whose name is on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has paid the filing fee. The body of the form has been filled out by one of petitioner's siblings, for each statement of grounds begins with "my brother Clarence Middleton. . . ." There is a signature on the form, purporting to be that of Clarence Middleton, but the court cannot determine whether the petitioner himself signed the form. At the end of the form is a request for the appointment of counsel, because "I nor our sister have the funds to hire an attorney. . . ." Because of the uncertainties surrounding this petition, the court has determined that the interests of justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CLARENCE MIDDLETON, Petitioner, No. CIV S-08-2276 KJM P

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Accordingly, IT IS HEREBY ORDERED that: 1. The Federal Defender is appointed to represent petitioner. 2. The Clerk of the Court is directed to serve a copy of the petition and this order on Carolyn Wiggin, Assistant Federal Defender, and on Michael Farrell, Senior Deputy Attorney General. 3. A status conference is set for February 25, 2009 at 10:00 a.m. in Courtroom Twenty-Six. The court asks counsel to be ready to address the following questions: a. Is the petition in fact signed by Clarence Middleton; b. Does Clarence Middleton wish to pursue habeas relief in this court; c. Have the issues in this petition been exhausted; and d. Are there any amendments to this petition contemplated? DATED: January 14, 2009.

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