Dixon v. Yates

Filing 48

ORDER signed by Magistrate Judge Allison Claire on 10/10/14 GRANTING petitioner's 47 motion for appointment of counsel; Eric Multhaup is APPOINTED to represent petitioner pursuant to 18 U.S.C. § 3006A; petitioner has a 30 day extension of the time previously set for the filing of a reply to the answer. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK DIXON,

No. 2:10-cv-0631 JAM AC P
Petitioner,

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v.

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JAMES YATES,

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ORDER

Respondent.

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Petitioner is a state prisoner who has been proceeding with retained pro bono counsel.

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Petitioner seeks to have his pro bono counsel appointed to represent him pursuant to 18 U.S.C. §

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3006A. Although petitioner paid the initial $5.00 filing fee, he has now submitted an in forma

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pauperis application that reveals that petitioner is unable to afford the costs of suit. Petitioner has

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made the requisite showing of indigence and meets the financial eligibility requirement for

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appointment of counsel. See 18 U.S.C. 3006A(a)(2); 28 U.S.C. § 1915(a). Rule 8(c) of the Rules

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Governing Section 2254 Cases permits appointment of counsel under 18 U.S.C. § 3006A “at any

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stage of the proceeding.” In light of the complexity of the legal issues involved, the court has

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determined that the interests of justice require appointment of counsel. See 18 U.S.C.

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§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. Petitioner’s October 3, 2014 motion for the appointment of counsel, ECF No. 47, is
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granted;

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2. Eric Multhaup is appointed to represent petitioner pursuant to 18 U.S.C. § 3006A.

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3. Petitioner is granted a thirty day extension of the time previously set for the filing of a

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reply to the answer. See ECF No. 43.

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DATED: October 10, 2014

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