Howard v. Martel

Filing 20

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/25/2011. Petitioner's 8/17/2011 18 Motion to Appoint Counsel is GRANTED and attorney David M. Porter is APPOINTED as counsel for Gerald Howard. Status Conference set for 10/19/2011 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (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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GERALD HOWARD,

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Petitioner,
vs.
M. MARTEL,

ORDER
Respondent.

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No. CIV S-11-0991 JAM CKD P

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

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application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In light of the complexity of

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the legal issues involved, the court has determined that the interests of justice require

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appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d

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952, 954 (9th Cir. 1983).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s August 17, 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 petition and this order

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on David Porter, Assistant Federal Defender.
4. Petitioner’s counsel shall contact the Clerk’s Office to make arrangements for
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copies of documents in the file.

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5. A status conference is set for October 19, 2011 at 10:00 a.m. in Courtroom 26.

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6. All parties shall appear at the status conference by counsel prepared to discuss:

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a. The formulation and simplification of the issues, including elimination
of frivolous claims and defenses;

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a. Enumeration and resolution of unexhausted claims; and

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c. Possible future amendments to the pleadings.

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Dated: August 25, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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howa0991.110a

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