Nivette v. Marshall

Filing 28

ORDER signed by Magistrate Judge Dale A. Drozd on 8/3/11 DENYING 27 Motion to Appoint Counsel without prejudice to refiling with the Ninth Circuit.(Dillon, 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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JAMES D. NIVETTE,

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Petitioner,
vs.
JOHN MARSHALL,
Respondent.

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No. CIV S-09-1173 JAM DAD P

ORDER
/

Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
On March 1, 2011, judgment was entered in this court denying the petition. On

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June 20, 2011, petitioner filed a motion for appointment of counsel to assist him on appeal. On

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July 6, 2011, the court advised petitioner that the court’s docket reflected that he had not filed a

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notice of appeal in this case. The court also denied petitioner’s motion for appointment of

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counsel without prejudice to the refiling of such a motion with the Ninth Circuit.

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Petitioner has filed a second motion for appointment of counsel to assist him on

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appeal and has addressed this motion to the Ninth Circuit. Petitioner is advised that this court

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has not processed an appeal on his behalf because he has not filed a notice of appeal. If

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petitioner wishes to appeal the judgment in this case he must file a notice of appeal. Once the
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court processes his appeal, he may file a motion for appointment of counsel with the Ninth

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Circuit.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for appointment

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of counsel (Doc. No. 27) is denied without prejudice to refiling with the Ninth Circuit.

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DATED: August 3, 2011.

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DAD:9
nive1173.110d(2)

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