Campbell v. Jacquez

Filing 40

ORDER signed by Magistrate Judge Dale A. Drozd on 11/6/2012 ORDERING that the Federal Defender is APPOINTED to represent petitioner; the Clerk to serve a copy of the 37 third amended petition and this order on David Porter; a status conference is S ET for 1/4/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd; 14 days prior to the conference, petitioner's counsel shall file and serve a status report in accordance with this order; respondent may file a response to petitioner's status report 7 days prior to the status conference. (cc: David Porter)(Yin, K)

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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 W. CAMPBELL,

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Petitioner,

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No. 2:10-cv-00114-GEB-DAD P

vs.
FRANCISCO JACQUEZ, et al.,

ORDER

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

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amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Despite several

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opportunities to amend his application for federal habeas relief, petitioner’s third amended

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petition remains deficient. Petitioner’s original petition presented five grounds for relief with

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additional sub-claims. On February 24, 2011, the court granted respondent’s motion to dismiss

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two of petitioner’s sub-claims as unexhausted. The court also determined that a stay and

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abeyance was not warranted with respect to the possible exhaustion of those two sub-claims and

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petitioner was directed to file an amended petition containing only his exhausted claims. (Docs.

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No. 25 & 28.) Petitioner’s first amended petition was dismissed as defective because it appeared

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that petitioner was again presenting his unexhausted sub-claims and because it was difficult to

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decipher all of his grounds for relief. Petitioner was ordered to file a second amended petition.
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(Doc. No. 31.) The second amended petition presented ten grounds for relief but failed to

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include factual information addressing whether those claims were exhausted. Moreover, it was

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unclear whether petitioner was abandoning exhausted claims which were included in his original

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petition. Accordingly, the court directed petitioner to file a third amended petition. (Doc. No.

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36.) In his third amended petition, petitioner raises thirteen grounds for relief. Once again, his

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claims are difficult to decipher and the court is unable to determine if all of the claims set forth in

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the third amended petition are exhausted.

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In light of the complexity of the legal issues involved, 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).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Federal Defender is appointed to represent petitioner.

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2. The Clerk of the Court is directed to serve a copy of the third amended petition

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(Docs. No. 37) and this order on David Porter, Assistant Federal Defender.

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3. A status conference is set for January 4, 2013, at 10:00 a.m. in Courtroom 27.

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4. All parties shall appear at the status conference by counsel.

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5. Fourteen days prior to the conference, petitioner’s counsel shall file and serve a

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status report which addresses the timing and order of the following matters:
a. Filing of fourth amended petition for a writ of habeas corpus or other

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proposed solution to determine the claims that are properly the subject of petitioner’s application

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for federal habeas relief;
b. Anticipated motions; and

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c. Enumeration and resolution of any unexhausted claims.

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Respondent may file a response to petitioner’s status report seven days prior to the January 4,

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2013 status conference.

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DATED: November 6, 2012.

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DAD:4
camp114.110a

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